Legal Hotline

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: A local agency requires citizens to notify the agency 48 hours in advance and get permission if they plan to record public meetings. The policy also threatens criminal sanctions under the Pennsylvania Wiretap Act if a citizen records a public meeting without permission.  Is that consistent with the law? A: No, the Sunshine Act…

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…

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…

Q: The Sunshine Act requires agencies to provide agendas in advance of public meetings, but some local agencies are providing agendas that list generic or all-encompassing subjects that have little meaning. Can they do that? A: The Sunshine Act requires agencies to provide meeting agendas in advance of and during public meetings. This law was…

Q: My reporting focuses on data, and I routinely request complex data sets like GIS records from public agencies. Several agencies have given me fee estimates based on market rates, sometimes in the thousands of dollars.  Isn’t there a fee exception for media requesting complex data sets under the Right to Know Law (RTKL)? Can…

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…