August 23, 2013

• Supreme Court issues unanimous decision supporting Open Records

• Scott Dillingham ‘proud’ of father’s 1965 editorial endorsing Louisville Defenders application to join KPA

• steps forward with livestreaming high school football

• I-65 accident puts thousands of travelers at front door of two South Central Kentucky newspapers

• Start planning now for National Newspaper Week — October 6 – 13

• If you telemarket, get ready for new FCC rules effective October 16

2014 marks the 73rd anniversary of National Newspaper Week, a special occasion for you to promote your newspaper and its value to the community you serve, whether that be just a couple hundred or several thousand. National Newspaper Week is a project of the Newspaper Association Managers, the state, regional and national press associations in the U.S. and Canada.

KPA will be posting editorials, cartoons, news articles and a special Kentucky-specific newspaper promotion ad in the near future. We will notify you when the materials are available and where to retrieve the information in the KPA website. In the interim, be thinking of ways you and your staff can show the community the value of ‘Your Community, Your Newspaper, Your Life.’

Greg Sherrill, executive director of the Tennessee Press Association, is spearheading this year’s National Newspaper Week project for NAM members.


Just couldn’t pass up the opportunity for an On Second Thought before taking a vacation day tomorrow (August 31). What’s that you say? Monday is a holiday? Oh, wow, a four-day weekend!!! Great scheduling, huh?

But just a few notes here and there to keep your appetite satisfied.

Open Records Law Gets Major Support with Supreme Court Decision

(This is great news for Kentucky’s Open Records Law as it comes in the form of an unanimous decision from the Kentucky Supreme Court. KPA filed an amicus brief in the case.

Here’s an email about the decision from Jon Fleischaker. I have sent this email as well as a pdf copy of the Supreme Court’s decision to all editors.)

David – The Supreme Court issued a very important open records decision today in the case of the Cincinnati Enquirer against the City of Ft. Thomas.  That is the case that the KY Press Association filed a brief as a amicus curiae, and it appears that the Supreme Court adopted our position on a very important issue.

The Supreme Court ruled that law enforcement records were subject to open records requests even if there was a “prospective law enforcement action,” and that if the law enforcement agency wanted to withhold these records, it had the burden of proving that a premature release of the information would be harmful to the law enforcement agency’s efforts in the prospective law enforcement action.  In other words, they simply cannot reject an open records request for law enforcement records because there is a pending or prospective law enforcement action.  That is a big step forward for us.  In addition, the court handed down some guidelines for proof in an open records case which will be very helpful to us, especially in cases like the pending action against the Cabinet for Health and Family Service.  Finally, there is very useful language regarding the imposition of attorney’s fees and the circumstances under which the award of attorney’s fees is appropriate.  Those guidelines will be useful for all of us.  It is also a step forward.

Although the Supreme Court reversed the Court of Appeals with regard to attorney’s fees, I consider this to be a very significant, and favorable decision.  It is not, however, going to be absolutely determinative in the result in the pending Hopkinsville case because that case deals with redactions of categories of information in records as opposed to the failure to turn over any records whatsoever.  Nevertheless, it is a unanimous decision which again shows our Supreme Court’s strong position in favor of enforcement of the Open Records Act.  The decision was written by Justice Abramson, who has now written two very strong opinions supporting the law.

Let me know if you have any questions.


Here is a pdf of the Supreme Court’s decision          SUPREME COURT DECISION – 8-13

Newspaper Public Notice Tramples Sheriff’s Website


J.W. Byrd is my hero for today’s column, and I’ve never even met him.

Byrd is the newly elected sheriff in Darlington County in South Carolina. One of the things he wanted to accomplish while new in office was to clear out a bunch of old arrest warrants.

They were mostly for people wanted for writing bad checks or a variety of misdemeanors – nothing too serious but still cases that had been in limbo for some time, he said.

So what to do?

The sheriff decided to ask the local newspaper – the News & Press – for its help. The newspaper and the sheriff’s office decided to test their respective reach.

Each week, the newspaper would list 50 names in a public notice that was one-quarter of a newspaper page in size.

At the same time, the sheriff’s office would list a different set of 50 names on its website.

What was the result?

Byrd said the response to the names printed in the newspaper was “overwhelming, and it’s really been better than we ever thought it would be.” He called it the most successful program his office has had.

The newspaper response outpaced the sheriff’s website by 7 to 1.

Read the full story at

Pilot Project Newspaper’s Success Story

Last Friday night, Stewart Huntington, with iNKBarrel, a firm that’s helping with video aspect of the Pilot Newspaper Project, emailed about the Mountain Advocate in Barbourville. He was sitting at home in Rapids City, South Dakota, watching a high school football game on, the Advocate’s website.

Stewart helped Jay Nolan and crew set up livestreaming so the Advocate could show high school football games. Here’s Stewart’s email to John Mura and me:


I’m sitting here watching the games from Barbourville on  (there’s two tonight.)

Something we’ll definitely work on for the next few games is to get these broadcasts on the sites of the papers from the away team towns.

I’m watching Atherton High right now and that would be something that John you guys probably could have found a sponsor for (if we had any lead time.)  The next game tonight is against Powell County and that would be something that Clay City could sell.

On Monday we’ll take a look at the upcoming schedule and start making some plans.

Lots of possibilities.”

Stewart’s comment about other papers being able to show the game refers to the visiting team and its hometown newspaper being able to link in to to livestream the game. As Stewart says, that has a lot of possibilities.

The next part of the project Stewart will be working on is a really good revenue source, he claims, and that’s televising chruch services on the website.

Public Notice Story is a ‘day maker’

My Louisiana Press Association counterpart had what she calls a “day maker,” courtesy of the Baton Rouge Advocate. (I have attached the three pdfs she refers to.)

The Advocate (Baton Rouge) did what we all long for last week with public notice.

The first attachment, page 1, is the story and graphic.       ADVOCATE PAGE 1

Page 4 is the continuation of the story.    ADVOCATE PAGE 4

Page 9 is the notice as it appeared in the newspaper.    ADVOCATE PAGE 9

Just wanted to share. What a day maker.

Just shows that what Al Cross says at the Institute for Rural Journalism and Community Issues, there are stories in public notices published in newspapers. But sometimes you just have to look for them.

1965 Editorial Supported Louisville Defenders’ Application to be a Member of KPA

Doing some research recently of back issues at the Dawson Springs Progress, publisher Scott Dillingham and a summer intern found an editorial written in January, 1965, by Scott’s late father, Niles, then owner of the Progress. Scott shared the editorial with me and said “it made me very proud of Dad for something he wrote more than 48 years ago.”

The editorial took on KPA for apparently not allowing The Defender, as quoted in the story “a weekly newspaper published in Louisville by Negro people for Negroes” to join KPA.

Here’s Niles’ editorial:


“Practically every newspaper in Kentucky is a member of the Kentucky Press Association; if our memory is correct there are

only two or three non-member papers in the state.

“And all of these non-members are eligible and may join with the exception of one. This exception is The Louisville Defender, a weekly newspaper publisher in Louisville by Negro people for Negroes.

“The barring of this one lone exception is certainly a blight on an organization which is noted and distinguished for its high ethical standards; for its almost unanimous service in every worthwhile endeavor of Kentucky or the communities in which the papers serve.

“For many years the Louisville Defender has tried to become a member of the Kentucky Press Association. Each year the KPA rejects its application for membership.

“The Louisville Defender is a bona fide newspaper in every respect. It has been in continuous publication for 32 years; is a member of the Audit Bureau of Circulation and the National Newspaper Publishers Association.

“Its publishers and editors are Frank Stanley, Sr. and Frank Stanley, Jr. Both are able newspapermen and both have ably served their race, their community and their state.

“Most racial prejudices in Kentucky have disappeared. Schools are integrated, professional groups such as doctors, lawyers and teachers have accepted their own kind regardless of race, color or creed.

“Practically all of Kentucky newspapers have rightfully spoken out editorially for the peaceful acceptance of integration. Why should the KPA bar membership because of race, color or creed?

“We expect the Louisville Defender will again ask for the Kentucky Press Association membership at the annual KPA mid-winter meeting January 21-23 in Louisville.

“The KPA should approve The Defender’s application for membership; we think every bona fide newspaper in the state should belong to the Kentucky Press Association if they desire.

“As we have in the past, we shall support The Defender’s membership application.”


We have no record of the 1965 convention and whether The Louisville Defender was accepted into KPA at that meeting. But the important thing is, it was eventually and finally KPA — “which is noted and distinguished for its high ethical standards” — joined other professional organizations and allowed The Defender as a member. To this day, The Defender is an important part of the Kentucky Press Association, as is every newspaper.

And Niles’ hope that all “bona fide newspapers” should belong has been realized since 1993. We’re one of the few states that can claim 100 percent membership of all eligible newspapers.

Travel Conference Session to Feature Brochures, Print Ads

(Read this in the KTIA Newsletter and since it involves “print ads,” I immediately thought of you all and maybe you’d be interested in listening in on the session. The conference is November 6-8 at the Seelbach in Louisville. I imagine Teresa will be attending as the KPA/KPS rep.)

One of the sessions at the Kentucky Travel Industry Association fall conference this year will be conducted by Steven Keith, Content Director at Miles Partnership. This session is titled “Old School Still Matters: Effective Brochures and Print Ads.”

As an added value, Steven has very generously offered to have attendees of the conference send him a brochure or print ad to review prior to the conference. Steven will select a few to use as examples during his presentation, but will also provide feedback and suggestions back to all attendees who submit a sample brochure or ad for review.

If you are planning to attend the conference and want him to review your brochure or print as, please send your materials to Steven at He will need to receive samples by Tuesday October 1. (Again, this part is aimed at KTIA members.)

Two South Central Newspaper Offices Have Huge Traffic Day

This fits right in with travel but for a different reason.

Monday, I had to go to Franklin to take Woody scrapbooks to the Franklin Favorite and then for the final planning meeting for the Kentucky Press/Tennessee Press Border War golf tournament.

It was over about 2 p.m./Eastern and I headed back to Georgetown, cognizant that a morning wreck on I-65 might have traffic snarled.

That was an understatement. What’s normally a three-hour trip took eight and a half hours. I know by 3 p.m. the backup was 11 miles because I was at the end of that line. And it could have only grown as the road remained closed.

At the Cave City exit, officials were forcing all vehicles to detour, at least those of us who hadn’t taken advice and exited earlier to go through Glasgow or wind the way toward the Western Kentucky Parkway north of Bowling Green.

I stuck with the longer line and did the Cave City exit.

Suffice it to say, two South Central Kentucky newspapers led the nation that day in the number of vehicles passing their front doors. In Glasgow, those who exited early and well south of Cave City went right past the Glasgow Daily Times office. Thousands of vehicles and most moving not at 70 miles per hour but more like 7 mph or 70 feet per hour.

And the rest of us, getting off at Exit 53 were routed through Cave City, then through Caverna and finally into Horse Cave where we were just a couple of miles from getting back on I-65. And that route into Horse Cave put us right in front of Jobe Publishing. Thousands more made that detour and picked up the Glasgow traffic with the turn onto US 31W.

I can’t imagine any newspaper in the country having thousands upon thousands of vehicle pass its front doors on one day the way those two did.

Despite Initiative for Access to Broadband, Studies Show 28% of Adults Don’t Use Internet at Home

In 2009, the Obama administration invested in a $7 billion project to increase access to broadband. However, experts say that not much has changed in the last four years. This article highlights how the 60 million people who are not online have a major hurdle to cross, in terms of finding employment, access to government services, health care and education. Further, it offers reasons why people are not online, often because of costs.

“Persistent digital inequality — caused by the inability to afford Internet service, lack of interest or a lack of computer literacy — is also deepening racial and economic disparities in the United States, experts say.”’t-Plugged-In-NYTimes.com_.htm

Age, education, income factors in who has home broadband

Pew Research Center Report — A nationally representative survey by the Pew Research Center’s Internet & American Life Project finds once again that age, education and household income are strong factors as to who may or may not have home broadband. Based on a telephone survey earlier this year, the study found, similar to the study by the Department of Commerce & NTIA, that more than a quarter of Americans do not have Internet access at home. However, the Pew study also concluded that twenty-percent of American citizens have neither broadband access nor a smartphone

Home Broadband 2013 (8.26.2013)

Webinars on the Horizon

September 13 Digital Subscriptions — Highlights, Trends and Potential          
2-3 pm/Eastern

Registration: $35          
To avoid late fee, register by September 10.
For more information and to register at Online Media Campus:

September 20 Collaborating for Success: Competitive Business Models
             2-3 pm/Eastern

Registration: $35          
To avoid late fee, register by September 17.
For more information and to register at Online Media Campus:

FCC Telemarketing Regulations: Deadline Approaching

In February 2012, the FCC published changes FCC Document to its telemarketing rules, in part to provide consistency with the FTC’s Telephone Sales Rule. Most of the changes adopted in the February 2012 order have already taken effect, but the plan provided newspapers with an 18-month period in which to make the necessary procedural, operational and marketing changes necessary to be in full compliance. The last of these changes will take effect on Oct. 16, and will focus on the form of consent an entity must obtain in order to transmit a telemarketing call to a residential telephone number using a prerecorded message, or to a mobile telephone number using either a prerecorded message or an autodialer. The Newspaper Association of America (NAA) has provided members with access to a number of resources to assist them in understanding the changes and maintaining compliance with the new regulations. Members can download a copy of the regulations, as well as a summary compiled by NAA’s general counsel. Also available is a recorded webinar from February 2012.

For non-NAA members or others with questions, here’s information from the FCC website:

New FCC Rules: What are the new FCC rules everyone keeps talking about? Do the new FCC rules apply to me?

New FCC rules regarding the use of autodialers and pre-recorded messages will go into effect on October 16, 2013. Telemarketers who will be hit the hardest include call centers who play pre-recorded messages or who use autodialers to call cell phones. Beginning October 16, 2013, the new FCC rules will prohibit telemarketers from autodialing cell phones without prior express written consent. Before these new FCC rules were announced, many rules about autodialers already existed. However, these new FCC rules will drastically expand the autodialer and cell phone telemarketing restrictions. Exceptions to the new FCC rules are very limited.

This site is intended as a short summary of the new FCC rules only and is not legal advice. Always consult with an experienced telemarketing attorney regarding FCC compliance issues.

This site contains information about the new FCC rules, as well as links to our sister sites where you can read more or speak with a telemarketing lawyer.

Go to  to read about the history of the new FCC rules in our FCC rules blog, wireless DNC, cell do not call implications, the new cell phone telemarketing rules, auto dialer law, robocall law, call center licenses, telemarketing licenses, telemarketing compliance, or contact an experienced telemarketing attorney.


Judy Jenkins

Judith Ann Greenfield Jenkins, 70, an award-winning journalist who spent most of her career with The Gleaner, died early Monday morning at St. Anthony’s Hospice Lucy Smith King Care Center after a year-long battle with cancer.

Mrs. Jenkins began her journalism career at The Gleaner in 1963 and retired from there in 2007 as a full-time reporter-columnist. Since then she had contributed columns until only recently.

She also had worked for the Owensboro Messenger-Inquirer, Methodist Hospital and Big Rivers. She was an honors graduate of Henderson City High School and Henderson Community College.

During her journalism career she was honored numerous times in the Kentucky Press Association’s Better Newspaper Contest, including eight first-place awards for Best Column; one first place for Best News Story; one first place, with Chuck Stinnett, for Best Story Series and one first place for Best Sports Story.
She also was a seven-time recipient of the Barry Bingham Award from the Kentucky Psychiatric Association for “exceptional efforts to bring information on mental illness to the people of Kentucky.”

Other career honors included: 1993 Award from the Cabinet for Human Resources for “excellence concerning empowerment and employment of people with disabilities; 1987 Green River Regional Mental Health and Mental Retardation Board Media Person of the Year; 1976 Kentucky Association for Health Care Facilities Better Life Award for “distinguished service in public affairs”; an award from the Henderson Mayor’s Committee on Employment of the Disabled; 1999 Champions of Children Award, Media Category; 1996 Henderson Shrine Club Award “in appreciation of efforts to remind us of the importance of Pearl Harbor, those who fought there, and all area POWs”; and the 1997-98 American Heart Association Award for Outstanding Communications Project.

She was preceded in death by her parents, Hughie Alexander Greenfield and Gladys Marie McCalvin Rice Greenfield of Henderson; one brother, Walter Jack Rice of Henderson; and one sister, Helen Loretta Rice Samples of Henderson.

Survivors include her husband of 49 years, Ronald E. Jenkins; four children, Jodie Lynn Jenkins Nation and her husband Sam, of Henderson, Ronald Shane Jenkins and his wife, Joane, of Burleson, Texas, Jennifer Ann Jenkins McAnulty and her husband, Mark, of Owensboro, and Joshua Greenfield Jenkins and his wife, Rebecca, of Henderson; nine grandchildren, Madison and Dalton Nation of Henderson, Joshua Nichols, Kristen Jenkins, and Marissa Jenkins of Burleson, Texas, Kelsey and Kyle Reese of Owensboro, and Harrison and Hallie Jenkins of Henderson; and several nieces and nephews.

Funeral services will be at 2 p.m. Thursday at First United Methodist Church in Henderson. The Reverend Gary A. Chapman will officiate. Entombment will be in Fairmont Cemetery Mausoleum.

Friends may call from 4 to 8 p.m. Wednesday and until noon Thursday at Rudy-Rowland Funeral Home.

Expressions of sympathy may take the form of contributions to St. Anthony’s Hospice or St. Jude’s Children’s Hospital.

Pallbearers are Sam Nation, Dalton Nation, David Dixon, Chuck Stinnett, Richard Wathen, and Steve Austin.

Here is a link to an article, written by Chuck Stinnett of The Gleaner, Henderson, about Judy’s career and her importance as a community columnist:

Blankenship Back in the Business

Melissa Blankenship, who ran the Henry County Local for some seven years, has returned to the newspaper business as publisher of The Oldham Era in LaGrange. She was named to that post recently, following the death of popular Oldham Era publisher Tony Cotten.

Marc Emral Back at Recorders

Marc Emral, who was editor of The Recorder Newspapers across Boone, Kenton and Campbell counties in the early 2000s, has returned to that position, following some reorganization of The Recorders staffs. Marc takes over for Nancy Daly who is taking a new position with Enquirer Media. In that job, Nancy “will be overseeing the Community Press & Recorders and some other community-oriented products at the Enquirer, but mostly charged with coordinating the Enquirer’s digital efforts.”

Question of the Week:

Are there industry-standard ad sizes my newspaper’s website should be able to accommodate?

The number one thing a publisher can do to increase the likelihood of being considered for a digital ad sale is to use standard display ad sizes on the newspaper’s website.

The Interactive Advertising Bureau ( is the industry source for online advertising. The IAB website provides a wealth of helpful information. When developing ad sizes on local sites it’s critical that a publisher consider what is called the “universal ad package” or UAP.

According to the IAB, “Starting in August 2002, the Ad Sizes Task Force began a process to reduce the number of ad sizes for the purposes of reducing the costs and inefficiencies associated with the planning, buying and creating of online media. The result was the Universal Ad Package, a set of four ad sizes that all compliant member publishers have agreed to support.

Publishers who are UAP compliant provide advertisers a set of 4 ad units (728×90, 300×250, 160×600 and 180×150) that enable advertisers the ability to reach the majority of that publisher’s audience – using, collectively, these units.” If a local publisher can’t accommodate all four of these sizes, he/she should focus on providing as many as possible.

Now if we could just re-establish the Standard Advertising Unit (SAU) for the printed products life for advertisers would be so much easier.

UK Hoops Has Two Home Games at KPA Convention Time

If you want to see one of the top SEC basketball teams, not to mention a pre-season Top Ten team, women’s version that is, you might have two chances when you’re in Lexington for the 2014 KPA Winter Convention. The convention is Thursday-Friday, January 23-24, plus the Kentucky News Photographers Association session on that Friday plus Saturday, January 25.

Everything takes places at the Hyatt Regency in downtown Lexington.

UK Hoops plays Alabama on Thursday, January 23, and comes back with another game, both at Memorial Coliseum, on Sunday, January 26, against Arkansas.

Just a reminder though. January 23 is also the evening of the Advertising Excellence in Kentucky Newspapers awards banquet. An elementary teacher once told me “You can’t be in two places at the same time” so plan accordingly.

Child Fatality Review Panel to Meet September 9

(I send along this release about the Prevent Child Abuse Kentucky conference because KPA News Service director David Greer will be one of the speakers. David and Kentucky Broadcasters Association executive director Gary White are doing a Working with the Media session for the attendees. KPA is also the official “Media Partner” for the conference because of our involvement with PCAK.)

Prevent Child Abuse Kentucky will serve as host for the second meeting of the Kentucky Child Fatality Review Panel, who will meet at the Kids Are Worth It! Conference.  The Panel was established by statute during the 2013 General Assembly.  The Kids Are Worth It! Conference is Kentucky’s only statewide Conference designed to offer quality training and information on topics and model programs of interest to leaders in child abuse prevention.

National expert, Teri Covington, provides leadership to state and national organizations in the review and prevention of child deaths and serious injuries.  Ms. Covington will share her expertise with the panel on Monday, September 9th at the Lexington Convention Center.  In addition, Ms. Covington will provide conference participants with information on preventing childhood injury through child fatality review as well as best practice information for local multidisciplinary teams investigating child deaths.

As the first physician in Kentucky to become a Board Certified Child Abuse Pediatrician, Dr. Melissa Currie is a trailblazer.  Her vast knowledge and seemingly endless energy make her a powerful advocate for prevention.  Addressing the medical indicators of child neglect and injuries commonly associated with physical injury, Dr. Currie will share her expertise with professionals from across the state, and in hopes of enabling a wide variety of professionals better service the children of our state.

In conjunction with recognizing patterns of injury, individuals must also be able to work collaboratively.  Working together with pediatricians and other medical providers is essential to early detection and prevention of series injury.  Dr. Jaime Pittenger of the UK Medical Center will share ways in which we may effectively work together to keep kids safe.


Okay, that’s going to do it for another week. Again, the KPA Office will be open Friday, August 31 (sans yours truly) and the office will be closed Monday, September 2 for Labor Day. As always, call, email, write, fax, even stop by if you have comments, concerns, issues, additions, deletions, corrections, clarifications or just want to chat. Otherwise, thanx!!

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