Social media is one of the fastest ways to deliver information to a large group of people. Occasionally on social media, it is common to “block” people so that you do not have to see their posts and vice versa. However, when a public official blocks someone and prevents them from receiving information—is this a violation of their First Amendment rights? This November the Supreme Court must determine if public officials engaging in “state action” are constitutionally permitted to block certain parents from their social media accounts used to promote school policies and provide general information to others[1]. Depending on… read more »
Do Your Constituents have the Right-to-Know what You Post on Social Media?
Social media is a powerful tool for connecting with constituents. However, the expansion of public discussion through social media encourages an expanded application of the Right-To-Know Law. In an April 2023 case, Penncrest School District v. Cagle, the Commonwealth Court attempted to clarify when a public official’s social media activity would be subject to disclosure. The new test limits the applicability of the Law to social media activity but does not settle the matter, so future litigation will likely clarify the test. The Right-To-Know Law is “designed to promote access to official government information in order to prohibit secrets, scrutinize… read more »
COVID-19 Update: New Advice Summary Relating to the Right-to-Know Law
Pursuant to the Right-to-know law (RTKL) Advisory, the Office of Open Records (OOR) has new advice for agencies within “yellow” status counties. These agencies should continue processing RTKL requests and appeals as usual. If an appeal is negatively affected by the COVID-19 pandemic, and the agency or requestor cannot meet a required deadline, the OOR may prolong the appeal deadline. In particular, agencies located within a county transitioning into “yellow” status may need to provide evidence showing why the appeal deadline needs to be extended. In regards to offices being closed, any day that falls within an office closure is… read more »
COVID-19 Municipal Update: Handling Right-To-Know Law Issues During the COVID-19 Emergency
While the Right-to-Know Law (RTKL) continues to be in effect for most municipal entities, its function has been temporarily suspended for the Commonwealth due to the current COVID-19 emergency. Pursuant to Section 901 of the law, all requests must receive a response within five business days – excluding days closed for business. If an agency faces “bona fide issues” related to this pandemic, the Pennsylvania Office of Open Records’ (OOR) advisory permits temporary suspensions exceeding the scope of that law. The OOR recommends the agency seek their solicitor’s advice before taking this recourse. Under Act 15, municipalities operating under an… read more »
Video Surveillance and the Right-to-Know Law
Article by: Hunter B. Schenck Video Surveillance can provide municipalities with security and peace of mind. However, such technology can also create new issues and concerns. Recordings of surveillance footage are subject to the Right-to-Know Law, and municipalities must address requests for video footage. Some video systems might record over previous footage in order to save space. If so, the municipality might need to reference its document retention policy. Municipalities must make sure to preserve any footage while a request is pending if the footage existed at the time of the initial request. If the footage does exist, the municipality… read more »
