Public notices may not be the sexiest part of the local news business, but the revenue they bring in is crucial. Also known as legal ads, these notices — usually placed by local government to announce public hearings, bids and other business — must, in most states, be published in a print newspaper. But this requirement has come under question in recent years as more and more communities find themselves without a viable print paper. Why not let them advertise in a digital news outlet?
Recently Virginia became the first state to allow that option. ARLnow, a digital site that covers the Arlington, Virginia, area, reports that the state legislature recently approved a digital-only option by “overwhelming bipartisan majorities,” and that Gov. Glenn Younkin has signed it into law. The new system will go into effect on July 1.
The proposal, put together by the Virginia Press Association and a group of online publishers, requires that a digital outlet meet certain benchmarks in terms of readership and local staffing. According to a statement by Betsy Edwards, executive director of the press association:
The Virginia Press Association believes that independent, third-party local news sites (print or online) are the best place to publish government public notices. We supported this legislation because it utilizes local newspapers and news websites to provide the public with maximum transparency.
The Virginia law is just the latest sign that the monopoly held by print newspapers over public notices is beginning to break apart. Last year Oregon passed a law allowing public notices in replica editions with paid subscribers, and Indiana is on the verge of adopting a system that would ease, but not overturn, the print requirement.
In Massachusetts, there has been talk of changing the system, but proposals to allow digital-only publication are in the very early stages. It’s not an easy issue. Some independent print newspaper owners argue that public notice revenue is vital to their bottom line, and that it would be unfair to allow digital-only outlets to get that money.
On the other hand, there are some absurd situations out there. Bedford officials, for instance, advertise in The Sun of Lowell, a chain-owned paper with virtually no presence in the town, even though the community is covered by The Bedford Citizen, a digital nonprofit with a significant footprint.
What really matters is that government be required to advertise in independent outlets — unlike Florida, for instance, where one of Gov. Ron DeSantis’ anti-press actions was to push legislation allowing officials to post public notices on their own official websites.
In a frustratingly inconclusive Washington Post column today on Indiana’s religious-freedom law, Kathleen Parker writes, “Without diving into the weeds, the law aims to protect religious freedom against government action that abridges deeply held convictions.”
Trouble is, the weeds are exactly where we need to be. The public perception is that the law would discriminate against the LGBT community. Yet Indiana Gov. Mike Pence, who supports the legislation (though he now wants to add clarifying language), has insisted that it would not discriminate. For instance, Tony Cook and Tim Evans quote Pence in today’s Indianapolis Star as saying that the law “does not give anyone a license to deny services to gay and lesbian couples.”
For someone trying to follow this story, the problem appears to be two-fold. First, the law itself is vaguely worded and could be interpreted in a variety of different ways. Second, the media for the most part have covered this as a political story, more interested in traditional narratives about winners and losers than in what effect the law might actually have on people.
Bits of background emerge here and there. For instance, we’re regularly told that the Indiana law is similar (though not identical) to the Religious Freedom and Restoration Act, signed by Bill Clinton in 1993, and that 19 other states already have such laws on the books. We know that Arkansas is on the brink of joining those states. For the most part, though, coverage is framed in terms of pure politics.
My frustration spilled over this morning in reading the latest from The New York Times and The Washington Post. I don’t mean to single them out. It’s just that I’ve been thinking about this in recent days, and today’s coverage crystallized my sense that the public is not being as well-served by journalism as it could be.
The Times story, by Campbell Robertson and Richard Pérez-Peña, and the Post story, by Philip Rucker and Robert Costa, are mainly about politics. You learn a lot from both of them. The Post strikes me as particularly insightful, as Rucker and Costa observe in their lede that the controversy over the Indiana law “has drawn the entire field of Republican presidential contenders into the divisive culture wars, which badly damaged Mitt Romney in 2012 and which GOP leaders eagerly sought to avoid in the 2016 race.” The Post also notes that Pence may harbor presidential ambitions of his own.
But if you want to know what, exactly, the law would do, you’re out of luck, unless you want to latch onto Gov. Pence’s assurances that it won’t do much of anything (then why pass it?) or the warnings of civil-rights groups that it would legalize discrimination against sexual minorities.
Here is how I’d define what we need to know.
Does the Indiana law merely (for instance) prohibit the government from requiring a member of the clergy to perform same-sex marriages? No; the wording of the law makes it pretty clear that the door is open to actions that would go well beyond that. In any case, the clergy is already protected by the First Amendment.
So where does the law draw the line? What it comes down to, as Kathleen Parker and others have pointed out, is cake. Would the law allow a bakery to refuse to sell a wedding cake to a same-sex couple? And here is where the coverage has tended to devolve into a one-side-says-this/the-other-side-says-that morass.
Maybe the Indiana law is just too vague to provide a clear answer to that question. Nevertheless, I think German Lopez of Vox deserves a lot of credit for trying. In a lengthy article published on Tuesday, Lopez pulls together all known facts — the background, the threatened boycotts — and points out that, historically, laws such as Indiana’s have not been used to engage in the sort of discrimination LGBT advocates are worried about. (My favorite example involves the Amish, who were exempted from a law requiring them to put fluorescent lights on their buggies.)
Nevertheless, Lopez notes that supporters of the Indiana law have celebrated the idea that “Christian bakers, florists and photographers” would not have to “participate in a homosexual marriage!” So the intent to discriminate is clearly there. Countering that, though, is University of Illinois law professor Robin Wilson, who tells Lopez that it is unlikely the courts would uphold such discrimination. And yet, as Lopez observes, the U.S. Supreme Court’s Hobby Lobby decision raises the specter that Wilson’s sanguinity might prove unwarranted.
Of course, Vox’s self-styled mission is to explain. But I would argue that even a daily update in a developing story like this ought to explain as clearly as possible what the law is about, or at least link to such an explanation.
In his book “Informing the News,” Thomas E. Patterson writes that journalists need to add a third tool — knowledge — to their traditional tools of direct observation and interviews. In the case of Indiana, telling us what the religious-freedom law would actually do is at least as important as telling us what people are saying about it.
Note: If you find any particularly good explainers about the Indiana law, let me know and I’ll post links to them here. And here we go:
• This article, by Stephanie Wang of the Indianapolis Star, is quite good. (Thanks to Mike Stucka.)
• In the comments, Steve Stein flags this article by Kristine Guerra and Tim Evans of the Indy Star that explains the differences between federal and state law.
On Twitter, I got recommendations for several worthwhile pieces — one from the liberal website ThinkProgress and two from more conservative sources, The Weekly Standard and Commonweal:
