[acb-hsp] Article of Interest

[J.Rayl]

Online newspapers and public notice laws.

by Shannon E. Martin

An over-arching premise found in both federal and local level governments of the

United States is that information about government activities must be accessible

for the electorate to make well-informed decisions. This premise is expressed in

a variety of statutory regulations including the Depository Library Program, the

Freedom of Information Act, and sunshine laws. More recently these regulations have

been updated to include electronic and digital formats.(1) Congress passed the Electronic

Freedom of Information Act Amendments of 1996, for example, and President Bill Clinton

signed it into law on October 2.(2) But the earliest legislative mandate of this

premise is the September 15, 1789, Acts of the First Session of the First Congress,

requiring the Secretary of State to "publish in at least three of the public newspapers

printed within the United States" every bill, order, resolution, vote of the houses

of congress, as well as any presidential objections to these actions so that the

public might know what their government was doing.(3)

States have given similar attention to providing constituents with information about

local government activities. Each has enacted something similar to the federal depository

library program, freedom of information and sunshine laws that loosely parallel the

federal concerns and solutions.(4) States also have directed public disclosure of

government business through "newspapers of record," "legal newspapers," or "official

newspapers" providing for public notice of local government activities as did the

previously noted 1789 Acts of Congress.(5)

Newspapers as a record of the day's events and conduit for public business, in varying

degrees of effectiveness, have been part of life in the United States for several

hundred years. Some newspapers, like the New York Times, are even referred to as

"newspapers of record." The expression "

newspaper

of record" as a specifically descriptive term is most often found in the realms

of history, law, and librarianship of the twentieth century. The electronic versions

of these newspapers offered today are not, however, exactly like the paper-based

versions in a variety of ways. Newspapers across the country are now developing an

array of online or electronic news products for subscribers.(6) Some newspapers are

offering their own service, or are in partnership with national online services,

as a way of providing the subscriber with a news service that is not of paper and

ink delivery, but electronic.(7) These electronic products are different from the

electronic "morgue" or backfile of each day's print

newspaper that may or may not also be available through one of the large commercial

database vendors.

Many local and state government charters designate a "newspaper of record," "official

newspaper," or "legal newspaper

" for posting public notices.(8) The legal notices usually are treated by the state

statutes as classified advertisements, and are to be paid for at either an annual

rate, or a line charge which may be set by the local government or the

newspaper

.(9) The revenues from these public notices posted in the legal advertisement section

of the newspapers are an especially steady source of income for small community newspapers.

But even for the larger newspapers selected as the legal

newspaper

of record by a community, the contract for publishing the legal notices alone may

be for hundreds of thousands of dollars. In 1994, for example, the San Francisco

Examiner offered the lowest bid of $302,000, under-bidding the

newspaper of record Independent by nearly $191,000, in an attempt to win the guaranteed

revenue of the city's legal notices.(10)

While the federal government seems to be moving to electronic and digital online

computer venues for public notice distribution, similar

distribution

models are neither uniform nor comprehensive at the state and local levels. There

are, however, some agencies providing electronic and digital access among city and

state governments,(11) but citizens may well wonder how it can be that the usually

slow and lumbering federal government seems to be moving ahead of the local government

in this

distribution

method. Do state and local statutes prohibit or impede this electronic and online

public access? And how might states effectively provide for this venue or make room

for it among the array already available through legislative initiatives?

The intention of providing public notice about government activities historically

is coupled with publication as an easily accessible mode. Yet, recently there seems

to have emerged some discordance among the applications of those traditional expressions

found at both federal and local government levels between depository libraries, freedom

of information offices, and public notice through newspapers.

The progress among depository library programs, freedom of information, and sunshine

laws can be found among the materials cited above. But the movement toward electronic

distribution of public notice through newspaper

delivery systems has not been thoroughly explored. This advancement in online formats

among traditional

newspaper

venders is discussed here, and more specifically, state-level newspapers of record,

or "legal newspapers" are examined. This article does not assume that the new electronic

products eventually will completely replace print newspapers. It is possible, however,

that the new electronic products will generate enough subscribership to become important

complements to print newspapers for the designation as the legal publication for

the posting of public notices.

I. RESEARCH QUESTIONS

To answer the general types of questions about state-level public notice regulations

and newspaper distribution

vendors noted earlier, the following questions must be addressed first.

1. What are the individual state statutory histories of public notice, or legal notice,

through newspapers?

2, Does the language and history of these state regulations on news paper distribution

of legal notice accommodate online computer

distribution?

With answers to these initial questions legislators and constituents can begin a

productive search for and construction of statutory language that better fits the

technological environment in which information now is stored and distributed.

II. RESEARCH METHOD

The following discussion provides a brief history and description of state level

public notice regulations, gathered from each state's annotated codes and statute

compilations. A brief summary of the concept of public legal notice and the use of

newspapers as the traditional venue for general

distribution

of these materials follows for comparative use. Then an evaluation of these observations

provides the foundation of a model solution for state and local government statutory

language changes to accommodate the addition of online computer public access to

government material now available in paper

distribution venues.

III. STATE REVIEWS

The following review of state-level public or legal notice through newspaper publication

and distribution

histories and court dicta provides the foundation for an evaluation and development

of a state-level model for electronic

distribution

of government proposals and actions. Some summary material about these state regulations,

however, may provide a broader perspective for looking at individual states' activities.

A. State Statutory Histories

The states have been divided into three chronological periods to help sort their

statutory contents. These periods include early (nineteenth century) initiation of

statutory regulations on public notice through

newspaper

publication, middle years which includes twentieth century initiation through World

War II, and most recent twentieth century initiation by states. Each state notation

includes the date of initial statutory enforcement, and lists the date of statehood

in brackets []. As is evident from the review, some states formally addressed the

need for public notice through

newspaper distribution

even before they became states, by acting through territorial regulation. Additionally,

some state services providing statutory annotation and histories did not include

complete information.

1. Early Years States

Michigan [1837] 1846 Wisconsin [1848] 1849 Georgia [1788] 1850 Missouri [1821] 1855

Florida [1845] 1861 Kansas [1861] 1862 Iowa [1846] 1866 South Carolina [1788] 1870

Illinois [1818] 1874 Alabama [1819] 1876 South Dakota [1889] 1877 Louisiana [1812]

1877 New Jersey [1787] 1884 Minnesota [1858] 1889 North Dakota [1889] 1890 Arkansas

[1836] 1891 New York [1788] 1892 New Hampshire [1788] 1892 Oklahoma [1907] 1897 Wyoming

[1890] 1897 Delaware [1787] 1897 Colorado [1876] 1898

2. Middle Years States

Arizona [1912] 1901 Vermont [1791] 1902 Connecticut [1788] 1902 California [1850]

1905 Massachusetts [1788] 1912 Nebraska [1867] 1915 Idaho [1890] 1919 Montana [1889]

1921 Washington [1889] 1921 Oregon [1859] 1924 Nevada [1864] 1925 Indiana [1816]

1927 Pennsylvania [1787] 1929 Utah [1896] 1929 Texas [1845] 1933 New Mexico [1912]

1937 North Carolina [1789] 1939

3. Most Recent States

Virginia [1788] 1950 Ohio [1803] 1953 Maine [1820] 1954 Kentucky [1792] 1958 West

Virginia [1863] 1967 Tennessee [1796] 1972 Hawaii [1959] 1972 District of Columbia

(1973) Mississippi [1817] 1976 Rhode Island [1790] 1981 Maryland [1788] 1984 amended

Alaska [1959] 1993 amended

The specific descriptors for individual states defining and requiring public notice

through newspaper publication and distribution

are not uniform across the states. Some states refer to the publishing agent for

public notice or legal notice as the "

newspaper

of record," for example, while others call it the "official

newspaper" or "legal newspaper

."(12) Generally states choose to indicate some or all of the following category

items: location of publication, paid subscriptions, publication frequency, nature

of publication, second class U.S. mailing permit, duration of publication, format

of publication, and other sorts of parameters like language or publication interruptions.

Some of these categories obviously conflict with the inherent characteristics of

the online computer editions of newspapers. Format descriptors, for example, that

include page size and paper-based

distribution can not be met solely by the online publication of a newspaper

. Additionally, place of publication can be problematic not for lack of specificity

but because online

distribution

by its very nature encourages wide publication areas irrespective of geographical

boundaries. Described below are some general groupings of the category characteristics

that may prove problematic, across states' statutory regulations for public notice

by

newspaper publication and distribution.

B. Frequency of Publication

At least three-quarters of the states' codes mention that the newspaper

designated as "official" or "of record" for public notice purposes must publish

regularly, on a maintained and predictable schedule.(13) Arizona, Georgia, Iowa,

Louisiana, Montana, New Jersey, North Dakota, and Utah do not specify the publication

interval, but many of the states require a minimum of weekly publication. Also, nearly

all of the states require that the publisher seeking designation as the official

or legal

newspaper

have been established and publishing regularly for some minimum period of time,

usually more than six months. Alabama, Arizona, Connecticut, Hawaii, Maine, Massachusetts,

New Hampshire, South Carolina, and Vermont, however, are less specific about the

publishing minimum.

C. Paid Subscribers and Distribution

The newspaper

seeking designation also must be supported to some extent by subscription, that

is, not entirely given away at no cost, as an indication of its value to a particular

community as a source of information. At least two-thirds of the states require a

bona fide subscription list,(14) and some of these set either the actual number or

the percentage of total paid subscriptions. Indiana, for example, requires that at

least 50% of the total circulation must be comprised of paid subscriptions. Some

states, like North Dakota, require that there be at least 150 paid subscribers, while

South Dakota requires more than 200 paid subscribers for a paper to be named the

record

newspaper for the purposes of public notice or legal notice publication.

A few states, like Florida and Minnesota, require that the newspaper

simply be available for sale to the general public. This would include newspapers,

therefore, more dependent for circulation and

distribution

through coin box sales and the postal service. Additionally, some states dictate

that the

newspaper

already have met the requirements of the United States Postal Service and have been

awarded a second-class mailing permit.(15)

Some states also require that the newspaper

be published specifically in, or carry news specifically relevant to, the physical

community that the

newspaper seeks to represent as it's official newspaper

. These include Alabama, Arkansas, California, Colorado, Georgia, Idaho, Iowa, Kentucky,

Maine, Massachusetts, Michigan, Ohio, Minnesota, Missouri, Oklahoma, Tennessee, and

West Virginia. Alabama, however, simply says that every jurisdiction must have an

official

newspaper.

D. Format

A few states go so far as to describe the actual format for an official newspaper

that publishes public notices or legal notices. These states require either a minimum

number of pages(16) or the actual format size.(17) Some states, like Illinois, also

require that conventional and "generally recognized" printing processes must be used,

or like Mississippi, that "printed sheets" be the means of

distribution.

E. Content

At least ten states require that the newspaper

must contain primarily news, not advertising, or some percentage of news generally."

Some states specify the language of publication that will be acceptable in a

newspaper

seeking official or legal or record designation.(19) For instance, Florida requires

that at least 25% of a

newspaper applying for "official" or "legal" designation be published in English.

An individual description of each state's guidelines, however, helps draw more clear

distinctions between the states. These are listed, again, in chronological order

of statutory initiation of "

newspaper

of record" or "public notice/legal notice" regulations. The specific statute number

is indicated in parentheses.

IV. INDIVIDUAL STATE HISTORIES AND DESCRIPTIONS

A. Early Years States

* Alabama (6-8-60) at least weekly publication, 2nd class U.S. Mail permit required;

* Arkansas (16-3-105) paid subscriptions, at least weekly publication, one year production

minimum, 2nd class U.S. Mail permit required, format requirements include at least

four pages of five columns each;

* Colorado (Board of Com. v. Price(20) (1898) & 24-70-102) at least weekly publication,

one year production minimum, 2nd class U. S Mail permit required;

* Delaware (9 sec. 2652) paid subscriptions, at least weekly publication;

* Florida (50.001) paid subscriptions, at least weekly publication, one year minimum

production, 2nd class U.S. Mail permit required;

* Georgia (9-13-142) paid subscriptions, at least weekly publication, two years minimum

production;

* Illinois (715 5/1) at least weekly publication, one year minimum production, 25%

news product content, format requirements include at least 130 square inches printed

matter per page, and at least four pages long;

* Iowa (349) paid subscriptions, regularly published, 2 years minimum production;

* Kansas (64-101) paid subscriptions, at least weekly publication, five years minimum

production, 2nd class U.S. Mail permit required;

* Louisiana (43:201 & 43:140) five years minimum production, 2nd class U.S. Mail

permit required;

* Michigan (600.1461) paid subscriptions, at least weekly publication, two years

minimum production, 25% news product minimum;

* Minnesota (331A.02) paid subscriptions, at least weekly publication, one year minimum

production, 25% news product content, 2nd class U.S. Mail permit required, format

requirements include at least 1,000 square inches in column and sheet form;

* Missouri (493. 050) paid subscriptions, at least weekly publication, three years

minimum production, 2nd class U.S. Mail permit required;

* New Hampshire (McTye v. McTye (1892) & N.H. Rev. Stat. Ann. [sections] 21:32) weekly

publication(21);

* New Jersey (35:1) paid subscriptions, two years minimum production, average 35%

news product content, 2nd class U.S. Mail permit required;

* New York (Art. 5, sec. 214) paid subscriptions, at least weekly publication, one

year production minimum, 2nd class U.S. Mail permit required;

* North Dakota (46-05-01) paid subscriptions, regularly published, one year production

minimum, 2nd class U.S. Mail permit required;

* Oklahoma (1897/25-103) paid subscriptions, at least weekly publication, two years

production minimum, 2nd class U.S. Mail permit required;

* South Carolina (15-29) refers to the general descriptions of record newspapers

found in 85 ALR 4th 581;

* South Dakota (17-2-2.1) paid subscriptions, at least weekly publication, one year

minimum production, 25% news product content, 2nd class U.S. Mail permit required;

* Wisconsin (985.12) paid subscriptions, at least weekly publication, two years minimum

production, 2nd class U.S. Mail permit required;

* Wyoming (1897/18-3-519) paid subscriptions, at least weekly publication, one year

production minimum, format requirements include a minimum size of 10 by 14 inches.

B. Subtotal Summary of Early States

* subscriptions required by 16 of 22 states

* weekly or regularly publication required by 20 of 22 states

* 2nd class U.S. Mail permit required by 14 of 22 states

* production minimum number years required by 18 of 22 states

* publication format minimums required by 4 of 22 states

C. Middle Years States

* Arizona (39-20 1) paid subscriptions, regularly published, 2nd class U.S. Mail

permit required, format requirements, that do not affect online publication, include

an issue date and consecutive numbering of issues;

* California (6000-6010) paid subscriptions, at least weekly publication, one year

production minimum, 25% news content minimum;

* Connecticut (1:2) at least weekly publication;

* Idaho (60-106) paid subscriptions, regularly published, one and one-half years

production minimum, 2nd class U.S. Mail permit required, format requirements include

a publication that is at least four pages, five columns each;

* Indiana (5-3-1-4) paid subscriptions, at least weekly publication, three years

production minimum, 2nd class U.S. Mail permit required;

* Massachusetts (4 sec. 6, cl. 8th);

* Montana (18-7-201) paid subscriptions, one year production minimum, 2nd class U.S.

Mail permit required;

* Nebraska (25-523) paid subscriptions, at least weekly publication, one year production

minimum;

* Nevada (238.020) at least weekly publication, two years production minimum, 2nd

class U.S. Mail permit required;

* New Mexico (14-11-2) paid subscriptions, at least weekly publication, one year

production minimum, 2nd class U.S. Mail permit required;

* North Carolina (1-597) paid subscriptions, at least weekly publication, six months

production minimum, 2nd class U.S. Mail permit required;

* Oregon (193.010) paid subscriptions, at least weekly publication, one year production

minimum, format requirements include five columns carrying at least 14 inches of

type, and at least four pages per issue;

* Pennsylvania (45:101) paid subscriptions, at least weekly publication, 6 months

production minimum, 2nd class U.S. Mail permit required, format requirements include

a minimum of four pages bearing the title and name of the publication;

* Texas (10 sec. 2051.041) at least weekly publication, one year production minimum,

25% news product content, 2nd class U.S. Mail permit required;

* Utah (1929/45-1-1) paid subscriptions, one and one-half years production minimum,

2nd class U.S. Mail permit required;

* Vermont (1: 174) at least weekly publication;

* Washington (65.16.020) at least weekly publication, six months production minimum,

2nd class U.S. Mail permit required.

D. Subtotal for Middle Years States

* paid subscriptions required by 14 of 17 states

* weekly or regularly publication required by 14 of 17 states

* 2nd class U.S. Mail permit required by 11 of 17 states

* minimum production period required by 13 of 17 states

* format requirements by 3 of 17 states

E. Most Recent States

* Alaska (09.35.140) paid subscriptions, at least weekly publication, one year production

minimum, 2nd class U.S. Mail permit required, format requirements include that it

be in

newspaper format;

* District of Columbia (1-202);

* Hawaii (92-41) at least semi-weekly publication;

* Kentucky (424-120) paid subscriptions, at least weekly publication, two years production

minimum, 25% news product content, 2nd class U.S. Mail permit required, format requirements

include there be at least four pages excluding a cover;

* Maine (1 sec. 601) 2nd class U.S. Mail permit required;

* Maryland (1 sec. 28) at least weekly publication, six months production minimum,

2nd class U.S. Mail permit required, format requirements include that it be at least

four pages;

* Mississippi (13-3-31) paid subscriptions, at least weekly publication, one year

production minimum, 25% news product content, format requirements include that the

publication be printed sheets;

* Ohio (1 sec. 7.12) paid subscriptions, at least weekly publication, one year production

minimum, 2nd class U.S. Mail permit required, format requirements include at least

four pages bearing the name or title of the publication;

* Rhode Island (45-24.4-5) at least weekly publication;

* Tennessee (2-1-104) at least weekly publication, one year production minimum, 2nd

class U.S. Mail permit required, format requirements include that it be at least

four pages;

* Virginia (8.01-324) paid subscriptions, at least weekly publication, six months

production minimum, 2nd class U.S. Mail permit required;

* West Virginia (59-3-1) paid subscriptions, at least weekly publication, one year

production minimum, format requirements include that there be at least four pages

excluding a cover.

F. Subtotal for Recent Years States

* paid subscriptions required by 6 of 12 states

* weekly or regular publication required by 10 of 12

* 2nd class U.S. Mail permit required by 7 of 12 states

* production minimum period required by 8 of 12 states

* format requirements by 7 of 12 states

V. OVERALL TOTALS FOR STATE REQUIREMENTS

At least 44 of the 51 jurisdictions required at least weekly or regular publication

to qualify for public notice or legal notice publication designation. Additionally,

at least 39 of the jurisdictions required a minimum period of time that the

newspaper

seeking designation have been published, or produced a

newspaper suitable on the other criteria for public or legal notice publication.

At least 36 of the 51 jurisdictions required paid subscriptions for a newspaper

to qualify for public notice or legal notice publication. And at least 32 of the

51 jurisdictions required a 2nd class U.S. Mail permit of newspapers seeking designation

for public notice or legal notice publication.

But only 14 of the 51 jurisdictions describe what the format of a suitable newspaper

includes.

Publication regularity is the most often required characteristic, and format is the

least often required characteristic. Longevity of the publication's production is

only slightly more often designated than the requirements of paid subscriptions and

2nd class U.S. Mail permits.

VI. CONCLUSIONS

Date of origin appears to be somewhat predictive for format requirements, but not

for the other characteristic requirements described in the state-level codes for

newspapers seeking designation to publish public notices and legal notices. Half

of these jurisdictions, that is seven of the fourteen with format requirements, were

developed since 1950 when a wider range of technologies like radio and television

provided news products to communities. The other characteristics described in the

state regulations are more evenly distributed among the chronological clusters.

The legal descriptions for "newspapers of record," "legal newspapers" or "official

newspapers" most common among the 51 jurisdictions described here include paid subscriptions,

regular publication, 2nd class mailing status, period of publication, and format

requirements. For those newspapers seeking this special status and providing online

news products, the most difficult descriptions to confront will be the 2nd class

mailing requirements and certain format requirements. Format requirements, however,

should be the easiest to overcome because they are the most recent and least pervasive.

Format parameters for "newspaper

of record" designation are something of a barrier now for electronic products. The

speed and ease of electronic

distribution and delivery of extended news content, over the paper-based edition

of a particular newspaper

, however, could be the reasons cited for including electronic or digital online

computer formats, rather than excluding them. If the legal concern rests most heavily

with including multiple

distribution

systems--as with allowing motor route, postal, and coin box--and frequency, then

online computer format could ultimately be folded into the rubric of official, legal

"

newspaper

of record" designation for the purposes of public or legal notice publication.

For those states that require that the "newspaper

of record" be established and published regularly for some period of time, the electronic

news product will fall short until some time in the future. This is, obviously, a

temporary problem that can be addressed quite easily by publishers of electronic

products. And most of the online news products refresh their publication at least

once a day, so frequency of publication need not be a stumbling block.

States that require the "newspaper

of record" to be supported by subscription may have some problem with those online

products that develop as advertiser-supported services available through "free" platforms

such as the World Wide Web on the Internet. While many online news products are now

available through subscription-based vendors, several futurists have argued that

this form of pricing is outmoded and likely not to survive the onslaught of Internet-based

publication.(22) Also, states that require 2nd class mailing permits for the

newspaper of record designation would seem automatically unable to consider publications

that are available exclusively online.

Existing content requirements can easily be met by most electronic products. However,

there is an advantage that electronic products offer over print

newspaper

content. Electronic product publishers have the luxury of creating extensive files

of information that can be selectively viewed and downloaded by subscribers. Content

that would never be published in the paper-and-ink

newspaper

can be made available electronically with virtually no additional cost to the publisher.

Online products can and do store much "official" information that the print

newspaper

would not: for example, verbatim speech transcripts, minutes and agendas of public

meetings, and even relatively obscure legal notices, public filings, and letters

in response to issues under debate. This gives the electronic or online product a

content advantage that is not addressed in current "

newspaper of record" requirements.

If the intention of public notice or legal notice is to provide the widest possible

distribution

of official documents and government reports then online

distribution

as an additional means of publication would seem to meet the over-arching premise

of U.S. federal and local governments. But clearly the current characteristics described

by most state regulations for such designations as "

newspaper of record," "official

newspaper" or "legal newspaper

" for such purposes do not reach online publication and would need comprehensive

revision before such a need was met.

(1.) See, e.g., ; Bruce Maxwell, How to Access the Federal Government on the Internet

(Washington, DC: Cong. Q. 1996).

(2.) Pub. L. No. 104-231.

(3.) Ch. 14 at 2, 1 Stat. 68 (1789).

(4.) See, e.g., Margaret Lane, State Publications and Depository Libraries (Westport,

CT: Greenwood Press 1981);

for state FOIA information. The Reporters Committee for Freedom of the Press also

provides individual state guides.

(5.) National Newspaper Association Public Notice Report (Arlington, VA: National

Newspaper Ass'n 1995).

(6.) Regularly updated lists of electronic newspaper projects can be found at either

or.

(7.) William Glaberson, As On-line "Circulation" Expands, More Newspapers Are Making

the Plunge into Electronic Publishing, N.Y. Times, local edition, Oct. 10, 1994,

at D5.

(8.) See, e.g., Alta. Rev. Stat. Ann. [sections] 41-1340, [sections] 11-255 (West

1994); Fla. Stat. ch. 50.011 (1993); Kan. Stat. Ann. [sections] 64-106 (1993); Ky.

Rev. Stat. Ann. [sections] 424, [sections] 426.560 (Michie 1994); Me. Rev. Stat.

Ann. tit. 36, [sections] 557-A (West 1993); Mich. Comp. Laws [sections] 320.1410

(1992); Minn. Stat. [sections] 331.02 (1976); Nev. Rev. Stat. [sections] 238 (1975);

N.D. Cent. Code [sections] 46-06-01 (1993); Charter of the City of Oklahoma City

art. 2, [sections] 24; art. 9, [sections] 4 (1980); 45 Pa. Cons. Stat. [sections]

101 (1994).

(9.) See, e.g., Barbara Pascarell Brown, Legal Ads Don't Bring in a Lot of Revenue,

but Enough that Newspapers Still Want Them, Cap. Dist. Bus. Rev., Mar. 4, 1991, at

14.

(10.) M. L. Stein, S.F. Papers Battle Over Legal Notices Contract, Editor & Publisher,

Oct. 24, 1994, at 32.

(11.) Joe Ryan, Guide to Government Information Available on the Internet (Syracuse,

NY: Ryan Information Management Press 1995).

(12.) The following statutes designate specific descriptions of newspapers for the

purposes of public or legal notice: Ala. Code 6-8-60 (1995); Alaska Stat. [sections]

9.35.140 (Michie 1995); Ariz. Rev. Stat. Ann. [sections] 11 -255, 39-201 (West 1995);

Ark Code Ann. [sections] 1-3-106, 16-3-105 (Michie 1995); Cal. Gov't Code [sections]

6000-6010 (Deering 1995); Colo. Rev. Stat. Ann. [sections] 24-70-102,103 (West 1995);

Conn. Gen. Stat. [sections] 1-2, 7-157 (1995); Del. Code. Ann. tit. 9, [sections]

2652 (1995); D.C. Code Ann. [sections] 1-202 (1995); Fla. Stat. ch. 50.011, 50.031,

ch. 163.3164, ch. 165.031, ch. 403.5115 (1995); Ga. Code Ann. [sections] 9-13-142

(1995); Haw. Rev. Stat. [sections] 92-41 (1995); Idaho Code [sections] 50-213, [sections]

60-106 (1995); Ill. Comp. Stat. ch. 100, [sections] 5 (1995); Ind. Code Ann. [sections]

5-3-1-4 (Michie 1995); Iowa Code IX, [sections] 349.2, [sections] 618-1, [sections]

618-3 (1995); Kan. Stat. Ann. [sections] 64-101 (1995); Ky. Rev. Stat. Ann. [sections]

424.120 (Banks-Baldwin 1995); La. Rev. Stat. Ann. [sections] 43-142, [sections] 43-200

(West 1995); Me. Rev. Stat. Ann. tit. 1, [sections] 601 (West 1995); (example) Md.

Code Ann., Rules of Interpretation art. 1, 28 (1995); Mass. Ann. Laws ch. 4, [sections]

6, cl. 8 (Law. Co-op. 1995); Mich. Comp. Laws [sections] 600.1461, [sections] 691.1051

(1995); Minn. Stat. [sections] 331A.02 (1995); Miss Code Ann. [sections] 13-3-31

(1995); Mo. Rev. Stat. [sections] 493.050, [sections] 493.070 (1995); Mont. Code

Ann. [sections] 18-7-201, [sections] 25-3-502 (1995); Neb. Rev. Stat. [sections]

25-523, [sections] 25-2228 (1995); Nev. Rev. Stat. [sections] 238.030, [sections]

238.240 (1995); N.H. Rev. Stat. Ann. [sections] 21:32 (1995); N.J. Rev. Stat. [sections]

35: 1 - 1, [sections] 35:2-1 (1995); N.M. Stat. Ann. [sections] 1411-2 (Michie 1995);

N.Y. Gen. Constr. Law [sections] 60 (1995), N.Y.Pub. Off.Law [sections] 70a art.

4, art. 5, 214 (1995); N.C. Gen. Stat. [sections] 1-597 (1995); N.D. Cent. Code [sections]

4605-01 (1995); Ohio Rev. Code Ann. tit. 1, [sections] 7.12 (Banks-Baldwin 1995);

Okla. Stat. tit. 25, [sections] 103, [sections] 106 (1995); OR. Rev. Stat. [sections]

193.010 (1995); 45 Pa. Cons. Stat. [sections] 101 (1995); R.I. Gen. Laws [sections]

45-24.4-5 (1995); S.C. Code Ann. [sections] 15-29 (Law. Co-op. 1995); S.D. Codified

Laws [sections] 17-2-2, [sections] 17-2-13, [sections] 17-2-17 (1995); Tenn. Code

Ann. [sections] 2-1-104 (1995); Tex. Gov't Code, tit. 10, [sections] 2051.043 (West

1995); Utah Code Ann. [sections] 45-1-1, [sections] 59-2-919 (1995); Vt. Stat. Ann.

tit. 1, [sections] 174, tit. 3, [sections] 839 (1995); Va. Code Ann. [sections] 8.01-324,

[sections] 11 -3 7, 9-6.14:7.1 (Michie 1995); Wash. Rev. Code [sections] 65.16.020

(1995); W. Va. Code [sections] 59-3-1 (1995); Wis. Stat. [sections] 985.03 (1995);

Wyo. Stat. Ann. [sections] 18-3-519 (Michie 1995).

(13.) Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia,

Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota,

Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, Nevada, North Carolina,

North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Utah, Vermont,

Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

(14.) Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Iowa, Kansas,

Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana,

Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma,

Oregon, Pennsylvania, South Dakota, Utah, Virginia, West Virginia, Wisconsin, and

Wyoming.

(15.) Alabama, Arizona, Arkansas, Colorado, Florida, Idaho, Indiana, Kansas, Kentucky,

Louisiana, Maine, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New

York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas,

Utah, Virginia, Washington, and Wisconsin.

(16.) Alaska, Arkansas, Idaho, Illinois, Kentucky, Maryland, Minnesota, Ohio, Oregon,

Pennsylvania, Tennessee, Washington, and West Virginia say the

newspaper can not be fewer than four pages.

(17.) Wyoming stipulates that the page may not be smaller than 10 inches by 14 inches.

(18.) Alaska, California, Delaware, Illinois, Kentucky, Louisiana, Michigan, Minnesota,

Pennsylvania, and Wyoming.

(19.) Alabama, Arizona, Florida, Indiana, Iowa, Maine, Michigan, Minnesota, Nebraska,

New Jersey, New Mexico, North Dakota, South Dakota, and Washington.

(20.) 51 P. 1011 (Colo. Ct. App. 1898).

(21.) 36 A. 605 (1892).

(22.) Reid Goldsborough, News Paperless, Internet World, Sept. 1995, at 40; Kim Cleland,

Online soon to snare 100-plus newspapers, Advertising Age, Apr. 24, 1995, at S-6,

S-13.

Shannon E. Martin is an assistant professor of journalism and mass media, in the

School of Communication, Information and Library Studies at Rutgers University.

-1-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information:

Article Title: Online Newspapers and Public Notice Laws. Contributors: Shannon E.

Martin - author. Journal Title: Communications and the Law. Volume: 19. Issue: 4.

Publication Year: 1997. Page Number: 45-61. COPYRIGHT 1997 William S. Hein & Co.,

Inc.; COPYRIGHT 2002 Gale Group

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