Request By:
Mr. Robert E. Bathalter
Falmouth City Attorney
Falmouth, Kentucky 41040
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
A dispute has arisen between the city of Falmouth and a local newspaper, "The Falmouth Outlook" over the interpretation of KRS 424.160, relating to advertising rates. Your question is: What is the proper rate for the newspaper's publishing the ordinance for the city pursuant to KRS Chapter 424?
KRS 424.160(1) provides:
"(1) For all newspaper advertising required by law, the publisher is entitled to receive payment for each insertion at a rate per linear inch, single column, computed as solid eight-point measure. The rate shall not exceed that paid by general advertisers for comparable matter, but in no case shall it be less than $1.00 per linear inch for weekly newspapers and $1.50 per linear inch for daily newspapers. "
Recently, the city council had a photographer reduce in type size a lengthy ordinance which they wanted published in the newspaper. The city took the ordinance, reduced in type size, to the Falmouth Outlook and asked that the paper print it in the reduced size and charge the city accordingly.
Citing KRS 424.160, the editor contended that he has the legal right to charge for the ordinance as if it had been printed in 8 point type, no matter how small it is actually printed in the newspaper. He takes the position that he has no obligation to print the ordinance in anything smaller than 8 point type; and, even if he did, he could still charge as if it were printed in 8 point type.
The city, on the other hand, believes that KRS 424.160 is unclear, but apparently believes that a point type smaller than 8 point type can be used, and, if so, the city should be charged accordingly, i.e., for the space actually taken.
An actual comparison between 10, 8 and 6 point type follows:
Any type size under 10 point is hard to read.
This is 10 point type.
This is 8 point type.
This is 6 point type.
As we said above, any type size under 10 point is hard to read. It is clear from reading KRS 424.160(1) that the criteria for establishing a rate for newspaper advertising breaks down to these factors: (1) The publishing newspaper shall receive payment for each ad at a rate per linear inch, single column, computed as solid 8 point measure; (2) The rate shall not exceed that paid by general advertisers for comparable matter; and (3) The rate shall be no less than $1.00 per linear inch for weekly newspapers and $1.50 per linear inch for daily newspapers.
Thus the standard involves a minimum and maximum rate structure, and the actual rate imposed per linear inch must be computed on the basis of 8 point type. In Cornett v. Muncy, 228 Ky. 390, 15 S.W.2d 251 (1929) 252, 253, the court held that the newspaper's compensation is measured by the space required if the matter is printed solid 8 point type measure.
We conclude that: (1) The matter to be advertised should not be printed in a point type smaller than 8 point type; and (2) The actual rate for publishing such material must be based upon the space required by 8 point type, even if a larger type is used. In Cornett a type larger than 8 point was used. The case suggests that a type smaller than 8 point was not envisioned by the legislature in enacting an earlier statute dealing with advertising rates [see K.S. § 14a-3].
There was a lot of common sense underlying this statutory requirement relating to 8 point type. The point is that if certain governmental documents are to be published, the general public should not be required, in order to read the ads, to get a magnifying glass or miscroscope. There is something more than printing an ad and getting paid for it.