From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: Isn't there a rule in Pennsylvania that restricts last-minute political ads?

A: Pennsylvania’s Election Code (section 1638(b)) contains a provision restricting the placement of certain political advertisements in the last days of an election and requiring notice to the opposing party. The provision, as written, makes it a criminal offense to violate the statute. In Commonwealth v. Wadzinski, 492 Pa. 35, 422 A.2d 124 (1980), the Pennsylvania Supreme Court declared a former version of this section to be unconstitutional. Based on the Wadzinski decision, the Office of the Secretary of the Commonwealth takes the position that Section 1638 (b) is unenforceable.

Use this link to the Headlines & Deadlines archive of weekly 'From the Hotline' columns. 

[HOTLINE ARCHIVE]

PNA Legal Hotline: (717) 703-3080