Legal
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Over the years, we have observed what works – and what doesn’t – when making public records requests.  We offer this collection of best practices for you to refine and … more
If you’ve made a recent request under the NC Public Records Law, you may have noticed that some government agencies -- UNC-CH, Wake County, Charlotte-Mecklenburg Schools, and the city … more
Last month we wrote about best practices in framing your public records requests.  This month, we offer some specific language to put in your email or letter if you are responding to a public … more
With the General Assembly about to head home early last Friday morning, one of the strongest “right to know” voices in the NC House, Rep. Josh Dobson, advanced a public records … more
WAKE COUNTY — A Democrat-backed proposal in the General Assembly would allow Wake County municipalities to publish public notices soley online. This would mark a shift from also placing the … more
When reporters call the Legal Hotline, I often talk through what amounts to a public records flowchart in analyzing their questions. For a couple years, I’ve wanted to put that analysis into an actual flowchart, and if I were better at Word or Power Point, that would be my column for this month. Instead, I will outline – with words instead of boxes and circles -- the questions I ask to determine whether a particular document (or portion of a document) is a public record. more
This term the United States Supreme Court had its first “Facebook case” but issued a ruling that dodged both the technology/social media aspects of the case and the First Amendment. If you are like me, you may get quizzed at cocktail parties about how the First Amendment could possibly protect such monstrous speech, but given their ruling on evidentiary grounds, the Court found “it is not necessary to consider any First Amendment issues.” Therefore, this case is as important for what it does not say as what it does. more
Please see the attached overview on NC media law prepared for NCPA by Stevens Martin Vaughn & Tadych, PLLC more
A bill making its way through the North Carolina Senate would remove public notices from newspapers serving Onslow County and Robeson County — including this newspaper, The Robesonian. A … more
“My editor is the biggest moron this side of the Mississippi!” “My coworker sleeps through the afternoon after tying one on at lunch almost every Friday.” “My paper is about to get sold to one of those big chain newspapers.” “Hubby and I are so excited that we found out today we’re going to have a baby!” more
Please contact your senate delegation to oppose this bill as amended. Key Points: - HB 205 as amended by in the Senate Commerce Committee would for the first time require NC newspaper … more
Public notices which promote the ‘Public’s Right to Know’ are once again under attack by county commissioners and certain county managers. In the recent weeks, N.C. Senator Mike … more
You may have heard the term “Section 230” thrown about recently. This section of the federal Communications Decency Act of 1996 has been around for more than 25 years, but it is getting … more
A state lawmaker’s personal grudge against the newspaper industry could end up hurting workers and delaying delivery for early risers. Sen. Trudy Wade, R-Guilford, filed a March 28 bill that … more
If you’re a journalist who has ever sought police body camera or dashboard camera recordings, you probably used the forms provided by the North Carolina Administrative Office of the Courts … more
In the last few weeks, it seems that every time I read or hear the news, police body cams are at the forefront. Even as a bill was being introduced in the General Assembly, and the North Charleston case was making headlines, I got calls on the Hotline asking whether the video from “body cams” and “dash cams” are public record. On Sunshine Day, a panel comprised of NCPA General Counsel Emeritus Hugh Stevens, Frayda Bluestein of the UNC School of Government and Christopher Brook of the ACLU discussed the merits of using body cameras and whether the video they capture is a public record. As of now, the state of the law is unsettled, with different judges reaching different conclusions. more
If you make public records requests in North Carolina, you are undoubtedly familiar with N.C. Gen. Stat. § 132-6(a), which requires a public body to furnish responsive records “as promptly … more
We frequently get calls to the hotline when law enforcement officials redact the names of witnesses, perpetrators, juveniles or victims in crime and incident reports. Journalists want to know – … more
School’s out! I am fresh off teaching media law at the UNC School of Media and Journalism over the 2017-2018 academic year. I loved it and loved my students! I am happy, though, to now have time to … more
A recent newsroom workshop prompts me to offer up a refresher on how to stay out of copyright trouble.  Imagine a member of your newspaper is working on a story about the end of summer and the … more
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