Legal Hotline

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…

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: Which rules govern public access to arrest and search warrants and their supporting documentation, like affidavits of probable cause? A: Public access to arrest and search warrants is governed by the Pennsylvania Rules of Criminal Procedure, which must be applied consistent with the constitutional and common law presumption of access that attaches to judicial…