govinfo:USCOURTS-cand-3_24-cv-08343-0

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Adam B. Steinbaugh, Cal. Bar No. 304829
FOUNDATION FOR INDIVIDUAL RIGHTS
AND EXPRESSION
510 Walnut Street, Suite 900
Philadelphia, PA 19106
Telephone: (215) 717-3473
Email: adam@fire.org
David Loy, Cal. Bar No. 229235
David Snyder, Cal. Bar No. 262001
FIRST AMENDMENT COALITION
534 4th Street, Suite B
San Rafael, CA 94901-3334
Telephone: (415) 460-5060
Email: dloy@firstamendmentcoalition.org
Email: dsnyder@firstamendmentcoalition.org
Attorneys for Plaintiffs First Amendment
Coalition, Virginia LaRoe, and Eugene Volokh
R
OB BONTA
Attorney General of California
ANYA M. BINSACCA
Supervising Deputy Attorney General
S
HIWON CHOE
Deputy Attorney General
State Bar No. 320041
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 510-4400
Fax: (415) 703-5480
E-mail: Shiwon.Choe@doj.ca.gov
Attorneys for Defendant Rob Bonta, in his
official capacity as Attorney General of
California
D
AVID CHIU
City Attorney
YVONNE R. MERÉ
Chief Deputy City Attorney
T
ARA M. STEELEY (State Bar No. 231775)
KAITLYN M. MURPHY (State Bar No. 293309)
Deputy City Attorneys
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4682
Telephone: (415) 554-6762
Fax: (415) 554-4699
Email: kaitlyn.murphy@sfcityatty.org
Attorneys for Defendant David Chiu, in his
official capacity as City Attorney of the City
and County of San Francisco
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
FIRST AMENDMENT COALITION, et al.,
Plaintiffs,
v.
DAVID CHIU, et al.,
Defendants.

SETTLEMENT AGREEMENT AND
STIPULATION OF DISMISSAL

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1
Settlement Agreement and Stipulation of Dismissal (No. 3:24-cv-08343-RFL)
Plaintiffs First Amendment Coalition, Virgin ia LaRoe, and Eugene Volokh (“Plaintiffs”)
and Defendants David Chiu, in his official capacity as City Attorney for the City and County of
San Francisco, and Rob Bonta, in his official capacity as Attorney General of California
(“Defendants,” and together with Plaintiffs, “Parties”) agree and stipulate as follows.
WHEREAS, on November 22, 2024, Plaintiffs f iled their Complaint in the above-captioned
action (“Action”) challenging California P enal Code section 851.92(c) under the First
Amendment to the U.S. Constitution and 42 U.S.C. § 1983;
WHEREAS, on November 25, 2024, Plaintiffs filed a Motion for a Preliminary Injunction;
WHEREAS, on December 19, 2024, the Court entered a stipulated Preliminary Injunction;
WHEREAS, Plaintiffs have a likelihood of s uccess on the merits of their challenges to
California Penal Code section 851.92(c) based on Plaintiffs’ arguments that it prohibits protected
speech by members of the public , including journalists, that discloses information those persons
lawfully acquired;
WHEREAS, the Parties agree to fully resolve and settle this Action without the time,
expense, and uncertainty associated with further litigation;
WHEREAS, this Agreement and Stipulation is limited to California Penal Code section
851.92(c), and nothing in this Agreement and Stipulation should be construed as affecting
Defendants’ right or ability to enforce any other law or provision;
IT IS THEREFORE AGREED AND STIPULATED THAT:
1. Defendants and their officers, agents, se rvants, employees, attorneys, and other
persons in active concert or participation with them shall not enforce California Penal Code
section 851.92(c) against the dissemination by Pl aintiffs of: (a) San Francisco Police Department
incident report number 210844 280 (“Incident Report”) or information relating to the Incident
Report; or (b) any sealed arrest report or information relating to a sealed arrest obtained in a
manner protected under Landmark Communications, Inc. v. Virginia , 435 U.S. 829 (1978), Smith
v. Daily Mail Publishing Co. , 443 U.S. 97 (1979), Florida Star v. B.J.F. , 491 U.S. 524 (1989), or
Bartnicki v. Vopper , 532 U.S. 514 (2001).
2. If California Penal Code section 851.9 2(c) is repealed or amended, the Parties

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2
Settlement Agreement and Stipulation of Dismissal (No. 3:24-cv-08343-RFL)
shall abide by the following process in good fait h to determine if they can agree to a stipulation
asking the Court to modify or dissolve the obligations imposed on Defendants in paragraph (1)
above.
a) If Defendants wish to seek modification or dissolution of said obligations after the
effective date of any repeal or amendmen t of California Penal Code section
851.92(c), Defendants shall provide written notice of their intent to Plaintiffs
through Plaintiffs’ counsel of record.
b) Within 30 days of receiving said written notice, Plaintiffs shall notify Defendants
in writing if they agree to modify or dissolve said obligations. If Plaintiffs agree to
such a modification or dissolution, Defendants shall prepare an appropriate
stipulation and proposed order that shall be filed with the Court upon Plaintiffs’
approval.
c) If Plaintiffs do not agree to such a modification or dissolution, Defendants may file
a motion with the Court to modify or dissolve the obligations imposed by
paragraph (1) above.
3. Defendants shall severally pay the following amounts to Plaintiffs in full
satisfaction of all costs and attorneys’ fees incur red in this case: $30,000 (Thirty Thousand and
No/100) to be paid by Rob Bonta, in his official capacity as Attorney General of California, and
$45,000 (Forty-Five Thousand and No/100) to be paid by the City and County of San Francisco.
No interest shall accrue on these amounts. Plaintiffs have been informed and acknowledge that
payment of these amounts may take ninety (90) days or more to process from the date that the
Court “so orders” this Agreement and Stipulati on. With respect to payments made by the City and
County of San Francisco, the settlement amount shall be paid directly to Plaintiffs’ attorneys
Foundation For Individual Rights & Expression and not reported on an IRS Form 1099. Plaintiffs
agree to provide the City and County of San Francisco with a completed IRS Form W-9 from
Foundation For Individual Rights & Expression on or prior to the date any payments from the
City and County of San Francisco are due to be paid under this Agreement.
4. Subject to and in consideration of the provisions in this Agreement and

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3
Settlement Agreement and Stipulation of Dismissal (No. 3:24-cv-08343-RFL)
Stipulation, which represent a full and final se ttlement of any and all claims that were brought or
could have been brought in this Action, including any and all claims for costs, fees, and/or
expenses, Plaintiffs hereby dismiss with prejudice their claims against Defendant Rob Bonta, in
his official capacity as Attorney General of Califor nia, effective immediat ely. Plaintiffs’ claims
against Defendant David Chiu, in his official capa city as City Attorney for the City and County of
San Francisco, shall be dismissed with prejudice u pon approval of this Agreement by the City and
County of San Francisco as discussed in paragraph 6 below, at which point this Action shall be
dismissed with prejudice in its entirety. If this Agreement is not approved by the City and County
of San Francisco, Plaintiffs’ claims against Def endant David Chiu, in his official capacity as City
Attorney for the City and County of San Francisco, shall not be dismissed, and this Action shall
remain pending as to said Defendant, with the Plaintiffs and said Defendant reserving all rights
and remedies.
5. Plaintiffs certify that they have read Se ction 1542 of the California Civil Code,
which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
Plaintiffs hereby waive application of section 154 2 of the Civil Code. Plaintiffs understand and
acknowledge that, as a consequence of this waiver of section 1542, even if Plaintiffs should
eventually suffer additional or further loss, damages or injury arising out of or in any way related
to any of the events which gave rise to the Action or any claims therein, Plaintiffs will not be
permitted to make any further claims against Def endants to recover for such loss, damages or
injury. Plaintiffs acknowledge that they intend these consequences even as to claims for personal
injury or property damage that may exist as of th e date of this Agreement and Stipulation but
which Plaintiffs do not know exi st, and which, if known, would materially affect Plaintiffs’
decision to execute this Agreement and Stipulati on, regardless of whether Plaintiffs’ lack of
knowledge is the result of ignorance, ove rsight, error, negligence, or any other cause.

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4
Settlement Agreement and Stipulation of Dismissal (No. 3:24-cv-08343-RFL)
6. As to Defendant David Chiu, in his official capacity as City Attorney for the City
and County of San Francisco, this Agreement is subject only to said Defendant obtaining any
formal approvals of this Agreement as required by law. The San Francisco City Attorney agrees
to recommend approval of this Agreement to any persons or bodies whose approval is required,
and to take all necessary steps to submit an ordinance approving this Agreement to the San
Francisco Board of Supervisors. Upon formal a pproval or rejection of this Agreement by the City
and County of San Francisco, Defendant Chiu shall notify the parties of such approval or
rejection. Nothing in this paragraph 6 limits Plaint iffs’ dismissal of this Action with prejudice
with respect to Defendant Rob Bonta, in his offi cial capacity as Attorney General of California,
which dismissal with prejudice is effective immediately, or the obligations of said Defendant
under this Agreement.
7. The Court shall retain jurisdiction to enforce the terms of this Agreement and
Stipulation.
Dated: June _____, 2026
Dated: June 9,2 0 2 6
Dated: June 9,2 0 2 6
Dated: June _____, 2026
Respectfully submitted,
F
OUNDATION FOR INDIVIDUAL RIGHTS &
EXPRESSION
_____________________________
ADAM STEINBAUGH
Attorney for Plaintiffs
FIRST AMENDMENT COALITION
_____________________________
DAVID LOY
Attorney for Plaintiffs
_____________________________
VIRGINIA LAROE
Individual Plaintiff and Representative of
Plaintiff First Amendment Coalition
_____________________________
EUGENE VOLOKH
Plaintiff
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ___
AVID
 LLLLLLLLLLLLLLLLLLLLLLLL
OY
Plaintiff First A
_
_____________
_
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 V
10
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_____________
 (with permission)
10

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Settlement Agreement and Stipulation of Dismissal (No. 3:24-cv-08343-RFL)
Dated: June 9,2 0 2 6
Dated: June _____,2 0 2 6
DAVID CHIU
City Attorney
YVONNE R. MERÉ
TARA M. STEELEY
Deputy City Attorneys
KAITLYN MURPHY
Deputy City Attorney
Attorneys for Defendant David Chiu, in his
official capacity as City Attorney for the
City and County of San Francisco
R
OB BONTA
Attorney General of California
ANYA M. BINSACCA
Supervising Deputy Attorney General
SHIWON CHOE
Deputy Attorney General
Attorneys for Defendant Rob Bonta, in his
official capacity as California Attorney
General
* In accordance with Civil Local Rule 5-1(i)(3) , the filer attests that all signatories have
concurred in the filing of this document.
[PROPOSED] ORDER
Pursuant to agreement and stipulation, it is SO ORDERED.
Dated: _______________, 2026
THE HON.R ITA F. LIN
United States District Jud ge
D
AVID
 C
HIU
City Attorney
Y
VONNE
 R. M
ERÉ
T
ARA
 M. S
TEELEY
Deputy City Attorney s
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 M
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Deputy City Attorney
11
Shiwon Choe
Digitally signed by Shiwon Choe 
Date: 2026.06.11 11:42:57 
-07'00'
June 12

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