Legal Hotline

Q:    An advertiser wants to place a political ad for the upcoming presidential election, but the advertiser does not want to include any disclaimer. Do political ads have to contain a disclaimer about the advertiser? A: Yes, federal election law requires political ads to include a disclaimer that identifies the party placing the ad, in…

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. NOTE: This guidance deals with political ads for local and…

Q: On Monday, I asked a school district for copies of records that will be discussed during its 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 for legal review. The meeting will be long over by the…

Q:  My RTKL request was denied for lack of specificity. What are the general rules I should follow to avoid this issue in the future? A: The Right-to-Know Law requires requests to “identify or describe the records sought with sufficient specificity to enable the agency to ascertain which records are being requested” and the courts…

Q: Is there a new safety and security executive session in the Sunshine Act, and if so, what does it allow? A: There is an executive session related to safety and security, but it is important to remember that it does not cover every discussion related to safety or security. As with all other executive…

Q:  What rights do journalists have to gather news and report on newsworthy events occurring on public property? A: The press enjoys significant First Amendment rights to gather news and report from public property. Those rights can be limited by government officials in certain, limited circumstances, but any limits on constitutional rights can only be…

Q: I believe the Sunshine Act may have been violated. Are there penalties for violations and if so, how do I pursue them? A: The Sunshine Act allows for the imposition of civil and criminal penalties if a judge determines a violation occurred. It must be noted at the outset that Sunshine Act litigation is…

Q: Occasionally, readers will post copyright protected material in the comments section of our website. Is there a way to avoid a potential copyright infringement claim in this situation? A: Yes, the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §1201, et seq., offers website operators a safe harbor from copyright infringement liability resulting from third-party…

Q: I requested access to the names, job titles, salaries, length of service and employment contracts for members of our local police department. The agency denied access to officers’ names saying that all the officers might, at some point, operate undercover. Can they do that? A: No, public employee names, job titles, salary and other…