Introduction
Public notice laws have long helped keep citizens informed about key government actions. Now, in the digital age, these laws are under debate. Some want to move public notices online, while others want to keep them in newspapers. This debate has resulted in legislative battles across the U.S., with many states and municipalities deciding whether to remove or maintain print notices.
The Case for Keeping Public Notices in Newspapers
Public notices are essential to government transparency. Publishing them in newspapers ensures they reach a broad audience, including those without reliable internet access. While digital media is growing, many still depend on newspapers for trusted local news and information.
Supporters of keeping public notices in print highlight several key advantages. Newspapers offer independent verification, a permanent record, and local reach. For instance, print notices are archived and accessible in libraries or public records long after publication. In contrast, digital notices can be altered or deleted, raising concerns about the reliability of historical records and long-term transparency. Keeping them in print helps safeguard public trust and ensures that communities remain informed in a consistent, verifiable way.
Legislative Testimony: Arguments For and Against
In numerous states, public testimony has provided insight into the broader debate. Advocates for shifting public notices online often cite cost-saving measures as the primary motivation. Local governments, especially those in rural areas, have testified that publishing in newspapers places a financial strain on their budgets. In some states, they argue that online-only publication could be a more efficient way to reach a larger, more digitally connected audience.
However, testimony in favor of maintaining public notices in newspapers typically emphasizes the importance of accessibility and trust. For instance, in Florida, a 2020 bill, HB 7049, sought to allow local governments to post public notices online instead of in newspapers. Here public testimony underscored the risk of excluding seniors, rural residents, and those without reliable internet access. A representative from a Florida newspaper association testified that moving notices online would effectively “bury” them, making them harder to find and reducing public engagement.
Furthermore, dropping this requirement alarmed publishers across the state, since notices make up a large portion of revenues especially for small papers. Sen. Gary Farmer, a Lighthouse Point Democrat, said on the floor that cutting money from newspapers will lead to a loss to journalism: “Our newspapers are struggling as it is. Information is power.”
To track the legislative battles that are currently happening, we recommend the Public Notice Resource Center’s interactive map.
2 Significant Legislative Acts
1. Westmoreland County, Pennsylvania: A Reversal on Digital Notices
In Westmoreland County, Pennsylvania, officials initially voted to move public notices online, only to reverse the decision after significant public backlash. Testimony against the shift included impassioned statements from residents who believed that publishing notices online would diminish public awareness and undermine local newspapers, which serve as vital community resources.
Local newspapers argued that the move to online-only notices would not only hurt their revenue but also create a less accountable system for publishing essential government information. After hearing these concerns, the county reversed its decision, deciding that the transparency and community connection offered by newspapers were too important to lose.
2. Northern Kentucky: A Newspaper's Digital Transformation
A unique case emerged in Northern Kentucky, where a local newspaper successfully lobbied to become a “newspaper of record” without having a print edition. This demonstrated how newspapers could adapt to the digital age while still maintaining the integrity and role of public notice. However, it also highlighted the uneven application of digital public notices, as other regions continued to resist this transition due to concerns about losing vital revenue streams and reducing community engagement with local government decisions.
Recent Legislative Battles: 4 You Should Know About
In the 21st century, numerous legislative battles have taken place regarding the future of public notice requirements in the United States. As digital platforms have gained prominence, many state governments have introduced bills that propose moving public notices away from traditional newspapers and onto government or privately run websites. However, the arguments in favor of maintaining public notices in newspapers remain strong, as newspapers provide critical transparency and accountability.
1. Ohio’s HB-33 (2023)
Ohio passed HB-33, a controversial bill that allows municipalities to publish public notices on their own websites or social media platforms instead of in newspapers. This change, embedded within a larger budget bill, took many by surprise. The law significantly reduces the requirement for newspaper publication for various public notices, including those related to bids, delinquent taxes, and environmental issues. Critics argue that moving notices online undermines transparency, particularly for communities who rely on printed newspapers, such as seniors and those without reliable internet access. By bypassing newspapers, this bill diminishes the independent oversight that newspapers provide in keeping government actions visible to all citizens (Public Notice Resource Center).
2. Louisiana HB-650 (2023)
Louisiana’s HB-650 sets the stage for transitioning public notices online by 2027, requiring official newspapers to post notices on their websites while gradually phasing out print requirements. Despite the shift toward digital, the bill has garnered support from the state’s press industry due to its retention of newspaper involvement in the public notice process. Newspapers will continue to archive and verify public notices, preserving their role as a trustworthy, independent source of public information. This compromise is seen as a way to balance modernization with accountability, ensuring public notices remain both accessible and verifiable (Public Notice Resource Center).
3. Iowa SF-546 (2023)
In Iowa, SF-546 quickly passed through committees, proposing that government websites replace newspapers as the primary venue for publishing legal notices. This move was met with strong opposition from newspaper advocates, who argued that removing notices from newspapers would erode a key layer of government transparency. Iowa’s newspapers still serve large segments of the population, and critics warn that shifting to digital-only notices risks reducing visibility, especially for those who depend on print. The potential loss of this independent check on governmental actions remains a significant concern (Public Notice Resource Center).
4. Indiana HB-1438 (2023)
Indiana’s HB-1438 extends a trend that began in 2021, allowing government entities to post public notices on their own websites instead of in newspapers. The bill also opens the door for publishing notices on social media platforms, raising concerns about long-term access, potential manipulation, and the challenge of maintaining a permanent public record. Indiana’s press associations have voiced strong opposition, warning that these changes could reduce public awareness and weaken governmental accountability by making it harder for citizens to access important information. This shift continues to spark debate over the role of newspapers as an independent platform for public oversight (Public Notice Resource Center).
The Argument for Newspapers
Advocates for keeping public notices in newspapers stress that newspapers provide a trusted, independent platform that ensures the public has access to crucial information. Unlike government-controlled websites, newspapers serve as a third-party verifier, ensuring that legal notices are published accurately and archived for future reference. Additionally, many argue that moving notices online could disenfranchise populations without reliable internet access, including seniors and rural communities. Furthermore, public notices on government websites may be difficult to find, potentially lost in the vast digital landscape, while notices in newspapers are easily accessible in both print and digital formats.
Column's Role in Public Notice Advocacy
Advocating for Public Notices in Newspapers
At Column, we strongly believe in the transparency and accountability newspapers provide, especially for public notices. We’ve actively participated in legislative sessions, collaborated with newspaper associations, and provided testimony to support laws that maintain newspapers’ vital role in this process.
Balancing Modernization and Tradition
Our goal is to modernize the public notice system without losing the key benefits newspapers offer. While digital platforms are important, we’re committed to ensuring newspapers remain central. A complete shift to government-run websites could exclude communities like seniors or those without reliable internet. We support hybrid solutions that integrate digital and print, ensuring notices remain accessible and trusted.
Leadership in Public Notice Reform
Our founder, Jake Seaton, has been a key advocate for public notice reform, writing extensively on the need to balance tradition with innovation. He’s testified in courts and legislative hearings across the country, championing solutions that preserve the integrity of public notices while embracing digital transformation. Through his leadership, we remain dedicated to transparency and accessibility in government communication.
Conclusion: Why Newspapers Matter in the Public Notice Debate
The fight over public notice legislation is far from over. While digital platforms offer exciting opportunities for expanding the reach of public notices, newspapers remain a crucial tool for ensuring that information is accessible, trustworthy, and verifiable. Legislative testimony across the country continues to reflect a deep concern about the erosion of government transparency and the potential consequences of moving public notices entirely online.
At the heart of this debate is the question of who public notice is meant to serve. Newspapers, with their independent verification and archival stability, have long ensured that public information is available to all, regardless of digital access. As the 21st century progresses, it will be vital to balance the benefits of digital innovation with the core values of transparency and accessibility that public notice laws were designed to protect.
For those interested in getting involved in the debate, subscribing to Column’s Take Notice newsletter provides insights into key legislative battles and offers ways to engage with local advocacy efforts to keep public notice accessible to all.
