N.C. Press Association

Open meetings bill clears key committee

bniolet — Fri, 01 May 2009 13:53:28 -0400

A bill that would make it easier for people to collect attorneys fees if they win public records lawsuits, cleared a key House committee intact this week.

Versions of the same bill have sailed through the Senate in previous sessions only to stall in the House. Speaker Joe Hackney didn't like previous versions of the bill because they stripped all discretion away from judges hearing public records lawsuits.

The current bill, modeled on a Texas law, requires a judge to award attoneys fees in cases that are won substantially. Fees don't have to be awarded in close calls. Hackney supports the current version.

The bill also establishes a unit within the Attorney General's office to mediate public records and open meetings disputes.

"We prefer that people don't go to court in the first place," said Rep. Deborah Ross, a Raleigh Democrat and co-sponsor of the bill.

The N.C. Press Association supports the bill. The Association of County Commissioners and League of Municipalities do not. The bill still has one more committee to clear before the full House can vote on it.

Update: Post now explains Hackney's stance on the current bill.

Bill targets libel on blogs

ryanteaguebeckwith — Tue, 03 Feb 2009 18:46:53 -0500

A bill filed today would specify that blogs can be libelous.

Sen. Steve Goss said he wrote the bill over concern that "fast-moving Internet technology" may be outstripping existing libel laws. He wants the law to specifically say that blogs and other online media can be considered libelous.

"We need to make sure that we're keeping up with technology," he said. "I believe these blogs are getting out of control."

Legal experts say blogs are already covered under common law, though they may not have as many protections in state statutes in North Carolina as newspapers and magazines.

Mike Tadych, a First Amendment lawyer with the N.C. Press Association, said that there have been a number of cases of people suing for libel over things published online. But he was not aware of any cases where bloggers used the state's libel laws to protect themselves.

"We would make that argument, but I don't know that it's been tested in North Carolina," he said.

One statute forces the potential plaintiff to first notify the publication. If it issues a "full and fair correction" within 10 days, any fine is limited to one penny.

A second statute puts a one-year statute of limitations on libel and slander suits.

The title of the bill currently says that Internet libel would also be considered a criminal offense, something that's not been true in the United States since colonial times. Goss said that was a mistake.

Update: The text of the bill is now available, and it calls for making libel conveyed through the Internet, a blog, a bulletin board, news group or e-mail a Class 2 misdemeanor criminal offense.

Goss earlier told Dome that he intended the bill to focus on civil cases and not criminal law. He said the inclusion of criminal penalties was "an oversight."

Claims Dept: Perdue's offshore drilling

ryanteaguebeckwith — Tue, 19 Aug 2008 16:49:20 -0400

Republican gubernatorial candidate Pat McCrory is airing a TV ad touting his support for offshore drilling and attacking Democratic rival Beverly Perdue's position.

What it says: The ad shows McCrory speaking against a white background as images of a recent ad attacking him and high gas prices show nearby. "I'm Pat McCrory, candidate for governor, and I approve this ad. While my opponent's secret allies are running misleading negative ads, I'm seeking solutions to help create jobs and lower gas prices. I support conservation, deep-sea exploration for natural gas and oil. Beverly Perdue is 100 percent opposed and says it won't happen on her watch. I agree. It'll happen on my watch with your support. I'm Pat McCrory and the difference is leadership."

The background: In mid June, national Republicans began calling for a reconsideration of a federal moratorium on offshore drilling in the United States.

On June 18, Democratic gubernatorial candidate Beverly Perdue issued a press release saying she was "100 percent opposed to oil drilling off the coast of North Carolina."

At an appearance before the N.C. Press Association that day, Perdue said that drilling would never occur during her administration.

"On my watch, we'll never solve the gas problem by drilling off the coast of North Carolina," she said. "That's politically popular. If you want somebody who looks at a poll and gets solutions, that's not me."

On Aug. 13 — the same day that McCrory unveiled his ad — Perdue announced that she had shifted positions in a letter previously sent to U.S. Rep. David Price but not made public until then.

She now says she would appoint an independent panel of scientists and engineers to study the issue before making a decision on whether to allow offshore drilling in North Carolina.

Spokesman Tim Crowley said that Perdue has "consistently supported" offshore drilling on federal land already under lease in other states and would support drilling in North Carolina only under certain conditions.

McCrory supports offshore drilling in North Carolina, promoting mass transit, requiring state-owned cars to use alternative fuels and providing tax incentives for homeowners and businesses to be more energy efficient.

A 2007 report from the U.S. Department of Energy found that offshore drilling would not lead to lower gas prices until 2017.

The Alliance for North Carolina, an independent group funded by the Service Employees International Union, the Democratic Governors Association and the National Education Association, has run ads critical of McCrory and released proposals that echo Perdue's plans.

A previous Claims Department by the N&O found the group's first ad overstated its case on two points.

Is the ad accurate? Mostly — at the time. Perdue said she was "100 percent opposed" and drilling would not happen on her watch. Now that she's changed positions, the ad is no longer true, however. The ad does not make a distinction between offshore drilling in North Carolina and other states, but the reality is that Perdue is running for governor here. Calling the Alliance for North Carolina Perdue's "secret allies" is a stretch.

Note: We have made a change to our judgment of the ad after the Perdue campaign provided more information.

Gov candidates pledge to be open

bkrueger — Fri, 18 Jul 2008 13:26:39 -0400

ASHEVILLE — North Carolina's two main gubernatorial candidates today pledged more transparency in government.

But they split over their solutions to high gas prices and their willingness to debate.

Republican Pat McCrory and Democrat Bev Perdue made their comments during separate appearances before editors and publishers of the N.C. Press Association, reports Jim Morrill of The Charlotte Observer.

"I have a record of being extremely open and transparent," McCrory said.

Perdue promised that under her, North Carolina "would be known as the state with open, accessible government."

McCrory took the occasion to unveil his energy initiative, a combination of conservation measures, new oil drilling and a push for alternative energy sources including coal and nuclear.

He proposed a statewide transportation plan that would extend land-use planning and some form of mass transit to communities throughout the state. He also called for the state to build more "green" buildings and offered tax incentives for individuals and corporations to build the same kind.

But he also repeated his support for off-shore oil drilling, which he said would create jobs and pour money back into North Carolina for coastal conservation programs.

Perdue said drilling would never occur "on my watch."

"That's politically popular," she said. "If you want somebody who looks at a poll and gets solutions, that's not me."

McCrory chided Perdue for not agreeing to more debates. He had accepted an offer to debate before the N.C. Association of Broadcasters on Sunday, but the Perdue campaign did not.

Perdue said she's already agreed to several debates. As for McCrory's challenge, she said, "I think that is really just whining."

Public records bill clears hurdle

bkrueger — Tue, 08 Jul 2008 13:15:28 -0400

Legislation that would require state and local governments to pay reasonable legal fees when they lose a public records lawsuit cleared a Senate judiciary committee today after an attempt to gut the bill.

State law currently gives the courts limited discretion to not award legal fees to people and businesses who win public records lawsuits if the governmental agency showed substantial justification to deny records. Open government advocates say judges have largely used that discretion to prevent or limit the awarding of legal fees, reports Dan Kane.

"It hasn't operated as people thought it should and it has cost some of the smaller papers in the state a lot of money to protect their rights," said Senate Majority Leader Tony Rand, a Fayetteville Democrat.

State Sen. Dan Clodfelter, a Charlotte Democrat, offered an amendment that would have left that standard in place. He said the current law, passed in 2005, had not been given a chance to prove its effectiveness.

"It was negotiated in good faith," Clodfelter said. "What I don't like about the bill is that is going to be thrown out the window."

Representatives of county and municipal governments and public hospitals supported the amendment, while representatives of the N.C. Press Association and N.C. Association of Broadcasters urged its defeat.

A majority of senators voted the amendment down in a voice vote and then gave the legislation a favorable report. It now goes to the Senate Finance Committee.

The legislation, filed by state Sen. David Hoyle, a Gaston County Democrat, also creates an open government section within the state Attorney General's office to educate public officials about the state's open records and open meetings laws. The unit would also mediate disputes.

Legal lessons for local officials

bkrueger — Fri, 20 Jun 2008 13:31:31 -0400

Attorney General Roy Cooper is teaming up with the N.C. Press Association to help local government and law enforcement officials understand their obligations under North Carolina's public records and open meetings laws.

Cooper and others familiar with the laws will speak Tuesday at a training session in Fayetteville. Cooper's office says more than 60 local officials, including police chiefs, sheriffs, clerks of court and registers of deeds, have signed up to take part.

The same group has already had a training session in Gastonia.

McCrory calls for more debates

ryanteaguebeckwith — Wed, 11 Jun 2008 13:23:39 -0400

Pat McCrory says five debates are not enough.

The Republican gubernatorial nominee called today for a series of informal debates across the state. Earlier, the campaign of Democratic rival Beverly Perdue said she would do five debates.

Campaign Manager Richard Hudson said that her list did not include some of the seven events McCrory had already agreed to attend, including the N.C. Press Association on July 18 and the N.C. Association of Broadcasters on July 20.

"I am happy to have already accepted the five debates the Lt. Governor announced today and have agreed to several others that she has not accepted," said McCrory said in a statement. "But, we should go beyond just a few structured, formal debates."

Echoing John McCain's request in the presidential race, McCrory called for a series of joint appearances around the state with Perdue.

"Instead of formalized debates with sound bite answers we should allow the voters the chance to hear where we stand on issues and how we would lead the state as Governor," he said.

N.C. bloggers and state press law

ryanteaguebeckwith — Fri, 06 Jun 2008 10:28:54 -0400

North Carolina's newspapers have pretty good legal protection.

Thanks to the efforts of the N.C. Press Association, our inestimable attorneys and the willingness of a few big papers and TV stations to bankroll legal fights, our state has few bad precedents in state courts for the kinds of judgements that make journalism difficult.

Blogging could change all that. As the saying goes, everyone's a journalist now, but not everyone has the same financial and institutional backing as a daily newspaper reporter.

That could hurt bloggers who get sued, but it could also hurt everyone else who wants to be a journalist (including Dome). A single poorly fought lawsuit can result in a judgement that is wielded against everyone else and eventually becomes precedent.

What should bloggers do about this? Dome recommends they get familiar with this information, which provides some instruction on the state's case law. But more could be done.

Dome has two suggestions: Creating a North Carolina media law wiki site to answer libel questions in plain English and starting a N.C. Bloggers Association parallel to the press association. A third idea — adding bloggers to the press association — might be a tougher sell.

Add your two-cents here or on your own blog and send us a link.

State workers can still delete e-mail

bniolet — Fri, 16 May 2008 10:26:48 -0400

A panel appointed by Gov. Mike Easley to review his administration's deletion of e-mail messages unanimously approved recommendations Thursday aimed at ensuring that state employees know the public records law and have the technology needed to comply.

But the panel's suggestions, if implemented, will do nothing to prevent employees from knowingly circumventing the law — the very accusation that triggered the group's creation.

"They treated the symptoms, but the disease rages on," surmised Beth Grace, the executive director of the N.C. Press Association, after the panel's vote.

The panel recommended that Easley start a new training program that would require state employees who handle public records to complete a one-hour online tutorial about what the law requires. Similar training has been available previously, but was voluntary.

The panel also recommended extending the automatic back-up of e-mail on state servers from 30 days to five years. (N&O)

John Locked out no more?

bkrueger — Fri, 11 Apr 2008 12:15:25 -0400

Gov. Mike Easley says he’ll ask his press staff to start treating the John Locke Foundation’s Carolina Journal like any other news media outlet from now on.

Easley said Wednesday that he has told his senior staff and spokespeople to cooperate better with the state’s news media to get information to the public.

And Easley said he’d prod them to give equal access to the Journal, which routinely gigs him, reports Matthew Eisley.

In a meeting Easley convened at the Executive Mansion with the head of the N.C. Press Association and the top editors of The News & Observer, The Charlotte Observer, and the Carolina Journal, Journal Editor Richard Wagner asked the governor why his press office won’t respond to the publication’s information requests.

“It’s been reported that we were at the top of the do-not-call list,” Wagner said.

Perhaps coincidentally, the conservative Journal regularly publishes investigations critical of Easley, a Democrat, and other people in his administration.

Easley said his press office’s policy is not to respond to information requests from the Journal or other nonprofit advocacy groups, including its liberal counterpoint, N.C. Policy Watch.