The Purpose of Public Notices
An important premise both in federal and local governments of the United States, as well as many republics around the world, is that information about government activities must be accessible in order for the electorate to make well-informed decisions.[i] Public notices in newspapers provide this sort of accessibility to citizens who want to know more about government activities.
Public notice laws in this country serve to outline the most effective method of reaching the public. In designating newspapers as the carriers of public notices, many state statutes actually set forth specific qualifications that must be met before a newspaper can carry notices. Common qualifications include: paid circulation, a minimum percentage of news content, a local publishing address, and a requirement that the newspaper has been published continuously for a minimum period of time before notices can be published. [ii] The latter requirement ensures stability in the venue for notices so that the public will know where to look for information.
[i] See id. at 2.
[ii] Shannon E. Martin, Newspapers, Official Advertisements, and the Intentions of Public Notice Laws, 5 N.J.J.Comm. 104, 106.