Gabby Pogel

Q: Are there any laws that protect the identity of confidential sources, and what do these laws mean for journalists in our newsroom? A: Pennsylvania’s Shield Law offers robust protection against compelled disclosure of confidential source information, and federal law offers more limited protections based on a qualified right under the First Amendment. The Pennsylvania…

Q: An advertiser wants to use the American flag in a display ad marketing its products. Is that OK? A: Both federal and state law limit or prohibit using the flag in commercial advertising, and some readers could be offended by commercial use of the flag. Under federal law (4 U.S.C.A. §3), the American flag cannot be…

Q: We encourage our reporters to record interviews for accuracy, with interviews typically recorded over the phone or internet, and sometimes in person. Are there any legal issues associated with recording interviews? A: Yes. Pennsylvania is a two-party consent state, and reporters must get permission to record interviews in order to comply with the state Wiretap Act. …

Q: A school board regularly holds private “caucus” meetings for members of each political party before each meeting where agenda items are discussed. One of these groups constitutes a quorum (6 out of 9 board members), and they rely on the caucus exemption in Section 712 of the Sunshine Act as justification. Is that OK?…

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: I requested copies of a school district’s audio/video recording of a public meeting held earlier this week. The district denied my request saying the recording is exempt as “personal notes and draft minutes.” Is this right? A: No, the recordings are not draft minutes or purely personal records, they are public records and must…

Q:A reader called to complain about a contractor ad that appeared in our paper and on our website. The ad did not contain a contractor registration number, and the reader was unhappy with the work performed. Does my news organization have liability for ads that do not contain a contractor registration number, and what should…

Q: I filed a Right-to-Know request asking to inspect records. I want to look at the records to help me decide which are most relevant, and to reduce copy fees. The agency granted my request but is charging redaction and hourly staff time fees for an employee to watch over me while I review the…