Skip to content

Topic: Right-to-Know & Media Law

Top Ten Most Significant RTKL Cases in 2018

The close of 2018 saw the end of the first decade of the “new” Right-to Know Law (“RTKL”) which went into effect January 1, 2009. Just as in 2017, the number of appellate cases continued to slow somewhat, however, the trial and appellate courts addressing the RTKL are now having to deal with much more nuanced procedural and substantive issues… Read On

Videos as Potential Public Records Continue to be an Issue Faced by the Courts

The Commonwealth Court recently affirmed an earlier Dauphin County Common Pleas decision ordering a school district to release a school bus video which captured an altercation between a student athlete and an adult. The decision, penned by President Judge Hannah Leavitt, found no merit to the arguments raised by the school district against release of the video… Read On

Commonwealth Court Awards in Excess of $118,000.00 Against the Department of Corrections for Bad Faith in Exercising its Obligations Under the Right-to-Know Law

The Commonwealth Court has awarded to Uniontown Newspapers, Inc., the largest award of attorney fees ever under the current Right-to-Know law or any of its predecessors. The decision authorized by Judge Simpson was the second of a two-part decision involving a dispute between Uniontown Newspapers and the Pennsylvania Department of Corrections. In the earlier decision, Uniontown Newspapers… Read On

High School Students Participate in First Amendment Forum

Eight hundred Parkland High School seniors and members of the local Chamber of Commerce and Bar Associations near Allentown recently took part in an educational forum on the First Amendment. In light of the recent political climate and increased criticism of the media, representatives from the Parkland School District and the media collaborated on the interactive event… Read On

Court Signals Potential Expansion of News Media Liability for Embedded Content on Websites

In February of 2018, Federal District Judge Katherine Forrest issued an initial opinion in Goldman v. Breitbart. The case deals with a photograph of Tom Brady walking with Kevin Durant during a critical recruitment period where the Boston Celtics were attempting to bring Durant onto their team. Justin Goldman took the original photograph and posted it to his Snapchat story… Read On

Nauman Smith Attorneys Involved in RTKL Panel

The Pennsylvania Bar Institute recently hosted a panel discussion on the nuances of Pennsylvania’s Right-To-Know Law (RTKL). Craig Staudenmaier was a course planner for the three-hour session entitled, “PA’s Right-To-Know Law 2018.” Joshua Bonn was among the panelists that included the Honorable Robert Simpson, Commonwealth Court, and attorneys representing both sides of the law. The discussion focused on various aspects of RTKL including what makes up a record… Read On

Nauman Smith Attorney Represents Morning Call in Dash Cam Video Suit

Last week’s release of the dash cam video of a routine traffic stop by state police that turned into a frantic gun battle along Route 33 in Northampton County was the result of action by The Morning Call which sued to have the video released to the public. Prosecutors initially declined to make the video public… Read On

Nauman Smith Attorneys Involved in RTKL Panel

Pennsylvania attorneys will gather on July 30 to gain a better understanding of Pennsylvania’s Right-to-Know Law (RTKL). The event features a panel discussion among RTKL experts from both the public and private sectors including Nauman Smith attorney, Joshua Bonn, and Nathanael Byerly, Deputy Director of the Pennsylvania Office of Open Records (OOR). Hosted by the Pennsylvania Bar Institute… Read On

Superior Court Rules that Grand Jury Documents Are Not Available to the Public Under Common Law or First Amendment Rights to Access

In Re 2014 Allegheny County Investigating Grand Jury, 2018 PA Super 56 (Mar. 14, 2018) On March 14, 2018, Judge Strassburger writing for a three-judge panel of the Superior Court ruled that records relating to grand jury proceedings are not subject to disclosure under either a common law right to access or the First Amendment. In this issue of first impression… Read On

Commonwealth Court Awards RTKL Statutory Penalty for Bad Faith Against Department of Corrections

Uniontown Newspapers, Inc., d/b/a/ The Herald Standard; and Christine Haines v. PA Dept. of Corrections, No. 66 M.D. 2015, filed March 23, 2018 On March 23, 2018, the Honorable Robert Simpson released an unreported opinion in the above matter addressing what it means to act in bad faith under the RTKL Section 1305(a). The case held that some of the actions or lack thereof by the DOC in responding to a RTKL request amounted to bad faith which merited statutory sanctions and granted the maximum civil penalty of $1,500 against the DOC… Read On

Discovery of Requester Financial Information in RTKL Cases?

Tricia Mezzacappa v. Borough of West Easton, 290 C.D. 2017 & 498 C.D. 2017, filed Jan. 18, 2018 On January 18, 2018, the Commonwealth Court filed an unreported opinion in an appeal from a trial court order granting a municipality’s Motion to Compel Deposition in Mezzacappa v. Borough of West Easton, Nos. 290 C.D… Read On

Top Ten Most Significant RTKL Cases in 2017

2017 saw the end of the ninth year of the ‘new’ Right-to-Know Law. The flood of appellate cases has slowed somewhat, but the Law continues to provide fertile ground for numerous substantive and procedural issues with which the appellate courts must wrestle. Included in our top ten list are cases that continue to attempt to settle lingering procedural issues such as what is the proper enforcement mechanism for a requester to compel a recalcitrant agency who does not appeal but still refuses to turn over public records when ordered to do so by the OOR? Read On

Subscribe to our Newsletter

More Options…