Untitled Texas Attorney General Opinion

Honorable W. C. Lindsey Opinion No. c-516 Criminal District Attorney Jefferson County Courthouse Re: Whether or not the Beaumont, Texas "National Informer" and "National Tattler" are "daily or weekly newspaper as that term is used in Article 527, Dear Mr. Lindsey: Vernon's Penal code. You have requested an opinion of this office as to whether or not two publicationssubmitted to this office were daily or weekly newspapers as that term is used In Article 527, Penal Code of Texas. The publicationssubmitted with your request were as follows: (1) National Informer, dated May 16, 1965; and (2) National Tattler, dated September 20, 1964. In your opinion request, you stated that It was your opinion that such publicationswere weekly newspapers as that term is used in Article 527, Penal Code of Texas, Article 28a, Vernon's Civil Statutes, defines a newspaper as follows: "(2) The term 'newspaper'shall mean any news aper devoting not less than twenty- five (25 P per cent of its total column line- age to the carrying of items of general in- terest, published n$ less frequently than once each week. . .. A newspaper is defined In Words and Phrases as a publication printed and distributedat regular intervals, usually daily or weekly and containing news, opinions, ad- vertisements,and other matters of public interest. Page Two of each of the above publicationsreflects that It is published weekly by an out-of-Statepublishingfirm. They are also shipped through the United States Mall at a listed subscriptionrate of $7.00 per year. The masthead col- umn refers to each of these publicationsas a newspaper. -242-l- Honorable W. C. Lindsey, Page 2, (C-516) An examinationof these publicationsdiscloses that they a,reprinted In tabioia form, containingnot less than twenty-five (25) per cent of their total column lineage to the carrying of news Items. They also carry advertisements and commentaries. Even though each of such publicationscontains artl- cles that are reprehensible,because of the foregoing facts, we are constrainedto agree with your legal conclusion that the issues of such publicationssubmitted for our inspection are weekly newspapers as that term is used. in Article 527, Penal Code of Texas. It is to be understood that thls opinion is limited to the issues of such publication that have been submitted with your opinion request. SUMMARY The issues of the National Informer and National Tattler submitted to this office for inspectionare weekly news- papers as that term is used in Article 527 of Vernon's Penal Code. Very truly yours, WAGGONER CARR Attorney General of Texas Assistant Attorney General RWN/kg:dt APPROVED: OPINION COMMIlTEE W. V. Geppert, Chairman David Longoria Tom Routt Carlos Vela Wayne Rodgers APPROVED FOR THE ATI'ORNEYGENERAL By: T. B. Wright -2428-