The Important History of Public Notice: How It’s Evolved Over Generations

Introduction

Public notice has a long and rich history that stretches back to ancient civilizations. Early forms of public notice were seen in the form of town criers and postings in public squares, methods used to communicate important information to communities. In medieval Europe, notices were often announced through the ringing of church bells or posted on church doors. However, the modern concept of public notice truly began to take shape with the invention of the printing press in the 15th century.

Public notice remains a cornerstone of governance. It informs citizens about legal actions, public meetings, environmental regulations, and other issues that directly impact their lives. Understanding this rich history and ongoing evolution is essential for recognizing its importance in modern democracy, especially as legislative changes continue to challenge traditional methods.

Public Notice in Colonial America

In the U.S., public notice has been keeping folks in the loop since colonial times. One of the first big moments came in 1704, when the governor of Massachusetts dropped a proclamation in Boston to announce the formation of a new government. From there, public notice became a staple of American democracy, making sure everyone was up to speed on the latest happenings.

Fast forward to the American Revolution, and public notices started to get a bit more fiery. Thomas Paine’s Common Sense in 1776 was basically the ultimate public notice, rallying colonists to break free from Britain and sparking some serious debate. It’s safe to say public notices have been stirring the pot ever since!

The Formalization of Public Notice in the 19th Century

Public notice really hit its stride in the 19th century when new laws started requiring that certain government actions be published in newspapers. One of the first big moves came in 1816, with a law making customs regulations public in widely-read papers. Over time, publishing public notices became a standard part of American legal culture, promoting transparency and keeping the public informed.

Today, public notice is still a legal requirement in many cases. The Freedom of Information Act (FOIA) in 1966 strengthened this principle, ensuring citizens could access government documents, including public notices. Laws like FOIA continue to keep important information open and accessible.

The Role of Public Notice in Modern Democracy

Public notice is a tool designed to promote transparency, accountability, and public participation. It ensures that citizens have access to critical information about government actions, environmental regulations, business dealings, and more. The requirement to publish public notices in newspapers or other widely circulated media ensures that communities remain informed about decisions that could affect their rights, land, or daily lives. 

For more information on the types of public notices that people publish, visit our Complete Guide to Different Types of Public Notices.

Legislative Challenges and Modern Examples

In recent years, the role of public notice in newspapers has come under scrutiny, with several states exploring legislation to transition public notices to government-run websites. This has sparked a national debate about the future of public notice and the risk it poses to local newspapers, which rely on public notice revenue to sustain their operations.

Florida: The Push for Digital Public Notices

In Florida, the state legislature passed a bill, HB 7049, allowing government agencies to publish public notices on their websites instead of in newspapers. Proponents of the bill argue that it reduces costs for local governments. However, critics contend that this shift could limit access for people who do not regularly use the internet and threaten the transparency that printed notices provide. 

For more information, read The Fight for Public Notice in Newspapers: The Legislative Battle You Don’t Know About and Why It’s Important.

Westmoreland County, Pennsylvania: A Case Reversed

In Westmoreland County, Pennsylvania, a similar push was initially made to move public notices entirely online. However, after considerable public backlash, the county reversed its decision. This case highlights the delicate balance between embracing new technology and maintaining public trust through traditional means like newspapers.

For more information, read our article on the case as well as the original testimony that Ned Seaton delivered. 

Northern Kentucky: Lobbying for Digital Notice

In Northern Kentucky, one newspaper, LINK Reader, lobbied for the ability to become a “newspaper of record” without having a print edition. House Bill 534 marks the success of this effort. This example shows how digital platforms can serve as a modern alternative, particularly when print publications are no longer financially viable. The successful transition reflects the ability of newspapers to adapt to the digital era, while still maintaining their role in publishing public notices. We wrote a profile piece on LINK Reader and CEO Lacy Starling’s journey lobbying for digital public notices in newspapers.

For more information, read The Fight for Public Notice in Newspapers: The Legislative Battle You Don’t Know About and Why It’s Important.

Arizona: A Case for Keeping Print

In Arizona, newspapers have resisted the transition to digital-only public notices. Legislators proposed setting up a state-run digital repository for notices, but the costs of building and maintaining such a platform were significant. Local newspapers already publish notices both in print and on a centralized state-wide website, which receives millions of hits annually. This demonstrates that the current system, which combines print and digital, is already effective at keeping the public informed.

Check out The Fight for Public Notice in Newspapers: The Legislative Battle You Don’t Know About and Why It’s Important for more details on this political landscape.

Why Public Notices Remain Crucial

Despite these modern legislative challenges, public notices continue to be an essential aspect of governance. They ensure that citizens are aware of important legal changes, public meetings, environmental impacts, and business transactions that could affect their lives. Public notice also serves as an independent verification of government actions, providing a historical record that cannot be easily altered or deleted.

Shifting public notices entirely online could undermine this role, particularly for vulnerable populations who rely on printed newspapers for access to public information. It is crucial that any changes to public notice laws strike a balance between technological advancements and the core principles of transparency and accountability.


Stay Informed and Engage Locally

To stay involved with the future of public notice and its role in transparency, citizens should keep an eye on local legislative developments. Advocacy groups like the Public Notice Resource Center offer resources to help you understand and influence public notice laws, ensuring that they remain accessible to all. Keeping track of how legislation in states like Florida, Westmoreland, Arizona, and Kentucky is shaping the future of public notice is essential to maintaining civic engagement.

For more insights into recent legislative developments, check out our in-depth article on Public Notice Legislation, as well as our case study on the Westmoreland County reversal.

Additionally, you can subscribe to Column’s newsletter, Take Notice, which highlights key public notices and offers insights into important community updates. This newsletter is a great way to stay connected with the issues that matter to your area, ensuring that you remain informed and involved in decisions that affect you and your community. Subscribe today and never miss an important notice again!