Pennsylvania

7. Others.

None other than those identified infra.

A. Access to voir dire

Overview

Pennsylvania

B. How to start. M4B

(This section is blank. See the subpoints below.)

1. Is the privilege waivable at all?

The privilege afforded by the Pennsylvania Shield Law can be waived by the reporter, but not by the source. Such waiver is limited only to the information "actually published or publicly disclosed …." In re Taylor, 412 Pa. 32, 193 A.2d 181 (1963). While not specifically addressed in Taylor, it would appear under this standard that a reporter cannot waive for some purposes but not others; if the information is publicly disclosed, the privilege is waived for all purposes.

(1). Time limit for giving notice. M1E1B1

An agency must give three days notice of its first regular meeting of the year, and notice of the schedule of its remaining regular meetings in time to allow it to be published or circulated before the date of the meetings. 24-hours notice must be given for rescheduled regular meetings. 65 Pa. Cons. Stat. §  709.

O. Prison, parole and probation reports.

Although the Act contains no exemption for such records, 37 Pa. Code § 61.2 classifies all parole and probation recommendations as “private and confidential” and thus exempt from disclosure under Section 305(a)(3).  See, e.g. Jones v. Office of Open Records, 993 A.2d 339 (Pa. Commw. Ct. 2010).

3. Other remedies

No adverse inference may be drawn at trial from the media's reliance on the Shield Law, but neither can an inference of reliability or accuracy of the information be drawn from the existence of an unidentified source. Sprague v. Walter, 543 A.2d 1078, 1086 (Pa. 1988).

(5). Other information required in notice. M1E2B5

For special meetings, same as for regular meetings. See Devich v. Borough of Braddock, 602 A.2d 399 (Pa. Commw. Ct. 1992) (stating that notice that a special meeting was to be held was sufficient; Borough was not required to specify that a hearing was to follow regarding whether to declare the seats of two council members vacant).