Legal Hotline

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…

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: I’d like to review emergency time response logs from our county dispatch center related to fire, police and EMS. When I requested access, the dispatch agency said 911 and other emergency response records are exempt under the Right-to-Know Law. Is that right? A: No, the RTKL expressly requires public access to emergency dispatch time…

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?…