Gabby Pogel

Q: What are some of the issues we need to consider when reviewing political advertising? A: Financing, required disclosures, timing, rates and defamation issues arise in the context of political advertising, and news media organizations should carefully review the content of political ads before publication. What is a political ad?  The Pennsylvania Election Code, Section…

Q: A board of supervisors heard testimony on a zoning application, took public comment, and then announced that they would “meet privately to discuss the application and public comment.”  After the private discussion, the board voted publicly to approve the application. Can they do that? A: Yes, they can, but the board is not required to…

Q: How does the RTKL 5-business day response rule apply to agencies that are only open on a part-time basis? A: It is important to understand that the RTKL is not required to access public records, and when records are clearly public, the RTKL process causes unnecessary delay and wastes public resources. When records are…

Q: Does HIPAA prevent hospitals from releasing any and all information about patients? Does HIPAA restrict our ability to publish medical information? A: While HIPAA prohibits unauthorized release of individually identifiable health records, it permits the release of “directory information” about patients identified by name in certain circumstances, and HIPAA does not apply to the…

Q: I want to review a private criminal complaint, but the magisterial district judge (MDJ) is telling me I can’t have a copy until the district attorney approves it. When do private criminal complaints become public records? A: The timing of public access depends on which agency holds the record, but private criminal complaints are…

Q: Advertisers want to use the term “World Cup 2026” to promote their products and events.  Should we allow that, or do they need permission to use the term? A: Advertisers need permission to use the term “World Cup 2026” because the term is protected by trademark. News coverage about the World Cup is not…

Q: Many local agencies routinely take a 30-calendar-day extension to respond to Right-to-Know Law (RTKL) requests, usually citing the need for legal review or due to staffing limitations, even for simple, obviously public records like meeting minutes and agendas. Should they do that, and can I challenge these extensions? A: It is important to understand…

Q: What products are covered by the FDA’s tobacco advertising rules, and do they cover e-cigarettes and vaping liquids? A: FDA regulations governing tobacco advertising cover an expanded class of products and require specific warning language and layout criteria for each. However, tobacco regulation is frequently the subject of legislation and lawsuits, thus it is…

Q: On Monday, I asked a school district for copies of records that will be discussed during the regular public meeting scheduled for Friday. They told me to file a Right-to-Know request, and when I did, their response was to invoke the 30-day extension. The meeting will be long over by the time the RTKL…