The Indiana Publisher

50 th USPS updates periodicals verification Separation of powers may give email access in Groth v. Pence W hen Illinois governor Bruce Rauner, signed a New Voices Bill into law last July, following unanimous support in the state's House and Senate, Illinois became the tenth state to pass legislation that guaranteed student journalists additional freedom to publish without censorship. The Indiana High School Press Association and the Indiana Collegiate Press Association added Indiana to the list of 16 other states actively pur- suing New Voices legislation last summer. Before the groups asked anyone to consider sponsoring the legislation, State Rep. Ed Clere, R-New Albany, contacted Jim Lang, publica- tions adviser at Floyd Central High School, and offered to sponsor a New Voices bill. Clere, who has a professional journalism back- ground, also was a high school journalist in the early 1990s. He experienced the change follow- ing the Hazelwood v. Kuhlmeier Supreme Court decision of 1988 that provided administrators with more power to control the student press than the 1969 Tinker v. Des Moines decision. Consequently, Clere has experienced the frustra- tions many high school journalists face today when administrators try to control content that might be controversial or shine a negative light on some aspect of the school. In addition to sponsoring a New Voices bill, Clere has added an educational component. Five high school and five collegiate journalists have been selected to help draft the bill with the Statehouse Legislative Services Agency, meet with groups interested in the bill, and follow the I ndiana Court of Appeals Judges Nancy Vaidik and Edward Najam strongly challenged the argument that Gov. Mike Pence's staff decisions on denial of records requests could not be reviewed by the judiciary under the doctrine of separation of powers. The two judges, along with Judge John Baker, heard oral argu- ments in Groth v. Pence on Nov. 20. Indianapolis attorney Bill Groth had been denied an attachment to an email from the Texas Attorney General laying out strategies concerning a challenge to President Barack Obama's executive order concerning the families of illegal immigrants. Pence's attorney in the appeal, Joseph Chapelle of Barnes & Thornburg, added the separation of powers argument following the Indiana Supreme Court's decision not to act in the Citizens Action Coalition (CAC) lawsuit v. Rep. Eric Koch lawsuit. In that lawsuit, the Court found that the separation of powers between the three branches of government precluded it from ruling on the internal functions of the Indiana General Assembly. Technology: Sage advice on when and how to improve operations. Page 3 Fake News? Protect your reputation from content that is not real. Page 7 Hey, can they do that? Steve Key an- swers your legal ques- tions. Page 5 Newspaper News: The News-Banner has new leadership. Page 3 INSIDE Publisher The Indiana Volume 81, Issue 12 • December 8, 2016 Published on second Thursday monthly C irculation depart- ments now can opt out of the require- ment to provide marked cop- ies (delineating advertising and news) with every mailing of a newspaper edition. The U.S. Postal Service rule change is the culmina- tion of two-years of effort by the National Newspaper Association (NNA), which announced the change to its members last month. Current postal rules require periodicals publica- tions to supply USPS with a copy of each edition of each issue whenever they pres- ent the mailings. The copies must be marked by hand to indicate the paid advertis- ing percentage, which is mailed at a higher postage rate than news content. The requirement was instituted by a 19 th Century Congress and carried forth into today's highly digital world, where the hand-markings and submission have slowed pro- cesses for both publishers and postmasters, said Max Heath, postal chair for NNA. Now, publishers can enroll with USPS for an annual verification. Upon accep- tance, publishers may cease to present the "marked copy" of each edition before that issue's mailing is accepted by the postmaster. Instead, Heath explained, post offices next September will randomly select one issue from the year and ask publishers to present only that single marked copy. If the marked copy matches the postage statement's claimed advertising total presented with that issue's mailing, the publisher is cleared for the rest of the year. If the copy Indiana students pursue legislation to publish free from censorship See Verification, Page 8 T his year marked the 50 th meeting of the Hoosier State Press Association's (HSPA) Newsroom Seminar and Better Newspaper Contest awards luncheon. During the conference, publishers, editors, reporters, and photographers from across Indiana met to learn the best-practices of their industry, as well as cel- ebrate the achievements of their colleagues. "The newspaper industry in Indiana is strong," remarked Steve Key, HSPA executive director and general counsel. "We have been, and will continue to be the backbone of how Indiana stays informed." The conference featured speakers from around the country. Some of the nations leading pub- lications were also represented, such as USA TODAY, and the Chicago Tribune. "The content this year was great," said Chris White, president of the HSPA board of directors. "The lineup of topics and speakers hit home with our teams and truly armed them to hit the newsrooms in excellence." Attendees also con- gratulated several award recipients including Blue Ribbon daily winner, South Bend Tribune, and Blue Ribbon nondaily winner, Ferdinand News. The Herald Bulletin (Anderson) was recog- nized as the story of the year winner, and the Daily Reporter (Greenfield) earned hon- ors for the photo of the year. General Excellence awards were given to The Times Post (Pendleton), Brown County Democrat, The Commercial Review (Portland), Daily Reporter (Greenfield), The Herald-Times (Bloomington), and South Bend Tribune. The Times (Munster) was named the 2016 James W. Brown Innovation Award winner. Dozens of other papers were recognized for their work as editorial cartoonists, in website publishing, and reporting divided by category. The contest judges included members of the Michigan Press Association. All award winners, stories, and contest materials may be found at www.hspa.com. Newsroom seminar & awards a success HSPA members gather for a day of industry-leading content and statewide awards presentation See Pence, Page 7 South Bend Tribune team, daily Blue Ribbon award winner. Photo Credit: Denny Simmons. North Central principal, Evans Branigan, receiving the administrator award from Diana Hadley. See Censor, Page 4 By Diana Hadley Indiana High School Press Association

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