Right-to-Know & Media Law Archives

Recognizing The Best

Harrisburg, PA – (August 17, 2023) The 2024 edition of The Best Lawyers in America® was recently published and includes three Nauman Smith attorneys. Proudly representing the firm are Senior Partner, Spencer Nauman, and Partners, Steve Feinour and Craig Staudenmaier. Spencer Nauman is recognized in the category of Trusts and Estates; a practice area of law that he leads at Nauman Smith… Read On

Social Media Posts by Public Officials on Personal Accounts May be Public Records in Pennsylvania

Public officials frequently discuss issues of public concern on their personal social media accounts. The Pennsylvania Commonwealth Court recently addressed whether such social media posts are public records under the Pennsylvania Right-to-Know Law. Penncrest School District v. Cagle, ___ A.3d ____, No. 1463 C.D. 2021 (Pa. Commw. April 24, 2023). The court established a three-factor test to determine if social media posts by public officials on their personal accounts are public records… Read On

Something to Consider: Defamation

In Nauman Smith’s newest video series, attorneys across all practice areas will be discussing legal issues and topics they believe their clients and community should consider. Whether you are a business owner or wanting to better understand these issues as an individual citizen, we hope you find them to be informative and thought-provoking. The first video in this series is a discussion on the topic of defamation… Read On

What Every Business Owner Needs to Know About the Pennsylvania Right-to-Know Law

In 2008, the Pennsylvania legislature made sweeping changes to the Commonwealth’s “Right-to-Know Law” (Open Records Law). Although Pennsylvania had one of the first Open Records Laws in the country, the changes which became effective January 1, 2009, completely changed the landscape and made millions of records public that otherwise would not have been. One of those major changes was the records of private individuals and private business entities who contracted with or had other relationships with government agencies are potentially public under the new law… Read On

Top Ten Significant Right-to-Know Cases of 2022

As we look back at the 14th year of Pennsylvania’s ‘new’ Right-to-Know Law (RTKL) (effective Jan. 1, 2009), we see again, for the third year in a row, a decrease in the number of appellate decisions addressing the law. Another trend is the large number of decisions that are unpublished (4 of the 10 below), thus not binding precedent. … Read On

How to Request Public Records in Pennsylvania

The Pennsylvania Right-to-Know Law (RTKL) provides access to public records in Pennsylvania. Individuals may submit a request for public records to any government agency, and the agency must respond within five business days. If the agency denies the request, in most cases, an individual may appeal and obtain an independent adjudication from the Pennsylvania Office of Open Records (OOR). … Read On

Mail-in Ballots: In or Out in Pennsylvania?

There has been much discussion of and controversy surrounding mail-in ballots in Pennsylvania and their legality this year which has intensified as we get closer to the general election on November 8. Several lawsuits have been filed concerning them and some of those have reached our Supreme Court. Claims have been brought claiming this type of ballot itself is unconstitutional and regarding their effectiveness as a ‘vote’ if the procedures to submit such a ballot are not strictly followed. … Read On

IN 30-MINUTES: A Guide to Election Access

The political climate in Pennsylvania has never been so heated. On Tuesday, October 4, 2022, Nauman Smith Right-to-Know & Media Law attorneys, Craig Staudenmaier and Joshua Bonn, were joined by Jim Parsons and Melissa Melewsky to discuss access for journalists this election cycle. The full recorded session can be viewed below or on YouTube… Read On

Guide to Transparency in Pennsylvania Elections

Featuring open seats for Governor and the U.S. Senate, Pennsylvania’s 2022 general election will be the most closely observed non-presidential election in a generation. The Pennsylvania Election Code provides access to an array of election records such as ballots, returns, and voter rolls. To ensure timely access to election records, journalists and other observers must know certain nuances of Pennsylvania law… Read On

TOP HONORS FOR THREE NAUMAN SMITH ATTORNEYS

Harrisburg, PA – (August 18, 2022) Three Nauman Smith attorneys, Senior Partner, Spencer Nauman, and Partners Steve Feinour and Craig Staudenmaier, have been included in the 2023 edition of The Best Lawyers in America®. New for 2023, Nauman Smith is pleased to announce that additionally, Spencer Nauman was named the Best Lawyers 2023 Trusts and Estates “Lawyer of the Year” in Harrisburg… Read On

TOP TEN MOST SIGNIFICANT PENNSYLVANIA RIGHT-TO-KNOW LAW (RTKL) CASES OF 2021

Continuing a 2020 trend, courts issued less RTKL decisions in 2021 than in pre-pandemic years. Many of the Commonwealth Court’s decisions in 2021 were unpublished, which typically occurs when cases turn on fact-sensitive concerns rather than precedent setting legal issues. Nonetheless, as outlined in the top-ten list below, 2021 did see several momentous decisions that continue to change the public records playing field in Pennsylvania. … Read On

Protecting Trade Secrets Under Pennsylvania’s Right-to-Know Law

The Pennsylvania Supreme Court has provided a road map for private entities to prevent public disclosure of sensitive business information contained in public records. The case of McKelvey v. Pennsylvania Department of Health, 255 A.3d 385 (Pa. 2021)[1] has broad implications for any private entity that is regulated by or contracts with government agencies… Read On