Elections alert: Be aware of and prepare for legal minefields
Jim Pumarlo
Mar 1, 2026
The months-long election season is taxing enough as newsrooms stretch resources to monitor candidates and campaigns, in addition to delivering everyday reports. All aspects of election coverage are put under the microscope. Fairness and consistency are paramount in today’s supercharged political environment.
Newsrooms should brainstorm now to develop plans. The stronger your organization, the better you’ll be able to handle unexpected circumstances that are certain to arise.
Add one more item to your checklist: Be aware of and be prepared for the legal minefield. Many questions and challenges — legal and operational — are likely to confront newspapers during election season.
The topic was explored a couple of years ago in a webinar sponsored by the National Newspaper Association Foundation. I co-presented along with Al Cross, former director of the Institute for Rural Journalism and Community Issues at the University of Kentucky. The points bear repeating as newsrooms navigate another contentious election season.
USE THIS LIST AS A STARTING POINT
Equal coverage for all? In contrast to broadcast media that are regulated by things like the “equal time” rule under federal law, newspapers are not governed by any legal requirement to provide equal coverage. Be prepared, however, for challenges that will come your way in news and advertising. Your best defense is a strong offense in setting, implementing and explaining policies.
- Develop a uniform format for reporting candidacies and handling press releases for challengers and incumbents alike.
- Develop guidelines for letters to editor submitted by the candidates themselves or key individuals on their committees, such as a campaign chair or treasurer. You might want to tighten letters policies.
- Develop policies for campaigns that pitch purely promotional photos. For example, a U.S. Senate candidate swings through your town to support local candidates. The event lasts less than 15 minutes with a stump speech. If you decide to cover it, at minimum, quiz candidates on local issues.
Retractions: Remember, you can be legally liable for publishing what someone else says, as well as what you report in your own research. It’s always wise to consult legal counsel before publishing a retraction. Some tips:
- Pay attention to stories. Do your research and verify facts. When in doubt, leave it out.
- Pay attention to letters. You cannot possibly confirm every assertion or fact in a letter, but be alert to anything that sounds an alarm and causes you to pause on whether it is fair play.
- Pay attention to ads. First and foremost, make certain all election ads carry a disclaimer: “Paid for by …”
Are public figures fair game? First Amendment law prohibits libel judgments against newspapers from public figures, except when a newspaper publishes information it knew was false or if it disregarded the truth with reckless abandon. Be aware that some key policymakers, including a U.S. Supreme Court justice, are encouraging the landmark case of Sullivan vs. New York Times — which gives newspapers this protection — to be re-examined. Some tips:
- Is it a public or strictly private issue?
- Consider the forum where disparaging comments are made against public officials. Were they made at a public meeting? Does a letter to the editor reference remarks made at a private meeting? The context could affect whether any, or how much, legal attention is given to comments.
- Weigh your right to publish something with your accompanying responsibility of fair play.
- Libel insurance: Libel insurance typically includes political coverage, but always check with your agent or carrier. Today’s hyper-partisan climate demands extra attention to anything that crosses your desk.
Don’t take risks with content that gives you pause.
How would you treat a story if you were the subject?
You’re accused of fake news: Journalists today, more than ever, need tough skin. Consider:
Do your job responsibly and don’t self-censor because someone doesn’t like what you’re writing.
Ask for specifics when complaints are raised.
Make the distinction between mainstream media and community newspapers, which often get swept in the broad-brush criticism of all media.
Be aware of threats to personal safety: Regrettably, these circumstances sometime happen, and the potential is even greater during the heated political season, as many newsrooms have witnessed firsthand.
MORE TIPS
Take common-sense steps.
Provide escorts for employees to and from cars at night.
If circumstances warrant it, ask for police coverage of homes.
Don’t risk personal safety posed by in-person coverage of events. Journalists also should have clear understanding with local law enforcement assuring their access to events.
The National Newspaper Association, as well as many state and regional press associations, have hotlines that can provide information to legal questions and address issues specific to your jurisdiction.
Ask your peers who might have faced similar challenges and circumstances. Colleagues can provide a wealth of information.
Legal challenges to the dos and don’ts of election coverage are to be expected if you are thorough in coverage. As always, I underscore the value in explaining newspaper operations and policies on a regular basis. The benefits can be especially enormous during election season.
Jim Pumarlo is former editor of the Red Wing (Minnesota) Republican Eagle. He writes, speaks and provides training on community newsroom success strategies. He is author of “Journalism Primer: A Guide to Community News Coverage,” “Votes and Quotes: A Guide to Outstanding Election Coverage” and “Bad News and Good Judgment: A Guide to Reporting on Sensitive Issues in Small-Town Newspapers.” He can be reached at www.pumarlo.com and welcomes comments and questions at jim@pumarlo.com.
