This editorial was originally published in the September 26, 2023, edition of the Branding Iron.
Although I have only found myself operating in the world of journalism for about two years, going on three, one industry concern has been made clear from the very beginning: print is dying.
The question of survival for the journalism industry has been on the minds of journalists, reporters, and newsrooms everywhere over the past two decades thanks to the advancement of technology and what constitutes a newspaper in a digital era.
This, in turn, has forced papers to adopt secondary digital options if not completely converting to digital platforms or otherwise close.
But what happens when this shift towards digitization calls into question the precedent requirements of public notice?
According to Wyoming state statute WY Stat § 18-3-519 (2022),
“(a) The publication of any legal notice, printing or advertising required by law is without force or effect unless published in a newspaper which has been regularly issued at least once each week for a period of fifty-two (52) consecutive weeks prior to the date of the first publication of the notice or advertisement. . .”
To emphasize, this means that a print, or physical documentation, of a notice must be put out into the public. However, print publications are far more expensive and reach far fewer eyes these days due to the availability of digital resources.
Now, according to the Cowboy State Daily, small-town rural newspapers from Mills, WY, and Bar Nunn, WY, are under scrutiny as their city councils must redefine “newspaper” in their city ordinances to include digital publications.
With this new resolution in place, rural newspapers could avoid the expense of print costs and increase visibility for these notices through a much larger online audience.
However, the implications go beyond the local ordinances as these ordinances would make no difference if overturned by the court.
Natrona County District Court Judge Kerri Johnson is presiding over the case where Lee Publications, parent company of the Casper Star-Tribune, seeks to force these two small town newsrooms to publish public notice with them.
Either way, Johnson’s favor will have major implications for rural newspapers across the state.
If, for instance, Johnson finds that public notice posted digitally serves as adequate, or ample opportunity, to receive notice, then the towns of Mills and Bar Nunn will not be subject to the financial burden of continuing to print them physically (as either their own entities or through Casper Star-Tribune).
Conversely, if Johnson were to uphold the Wyoming state statute expectations, this would subject these industries to an undue financial burden, to which they may seek appeal to the Wyoming Supreme Court.
For the industry, this is a question of visibility and it is clear that a move to a digital platform is best to adequately service notice in our modern times
However, a municipal court may not be seeking to (mis)interpret or make changes to the Wyoming state statute which requires print publication.
The Branding Iron watches the case closely as it moves forward, starting with the city councils of Mills and Bar Nunn convening next week to discuss possible solutions.
