To our readers,
We are writing to share important news about The Reporter and explain why the outcome matters to all of us.
For years, you’ve heard pieces of the dispute between The Reporter and Delaware County. Because we have largely refrained from public comment, we know there may be questions about why we brought a federal lawsuit, what it involved and what we hoped to accomplish.
We believed it was important to let the legal process run its course before sharing our perspective. Now that the Delaware County Board of Supervisors has approved a settlement, we want to explain our decisions as openly as we can. We ask public officials to be transparent and accountable, and we believe we owe that same respect to our readers.
We are the owners of Decker Advertising, Inc., the family business that publishes The Reporter. Together with our staff, we’ve spent years producing a newspaper that covers the people, events and decisions affecting Delaware County. We never imagined that defending the paper’s independence would become such a large part of our lives.
In March 2022, the Delaware County Board of Supervisors removed The Reporter as an official newspaper for county legal notices, ending a relationship that dated back nearly 140 years, practically to the newspaper’s founding in 1881. The county cited financial considerations, including legal advertising rates. We believed dissatisfaction with our reporting also played a principal role.
In March 2023, 39 county officials signed a letter criticizing the paper’s coverage. In our view, that letter connected those criticisms to the earlier decision regarding legal notices.
We don’t expect everyone to agree with every article or headline. News coverage can be challenged, and factual errors should be corrected. We welcome information that helps us get a story right. But when officials are unhappy with reporting, the answer should be to raise concerns and provide facts, not to use government authority in a way that penalizes the newspaper.
What followed became a legal battle that neither of us could have anticipated.
With the extraordinary support of the Cornell Law School First Amendment Clinic and an exceptional team of First Amendment attorneys, we were able to defend principles we believed were too important to abandon.
In December 2023, Decker Advertising filed a federal First Amendment lawsuit alleging retaliation against The Reporter. The case also raised concerns about restrictions on communications between county employees and our reporters.
We knew the litigation would be demanding and uncertain. But simply accepting what had happened would have left us wondering what might come next, not only for The Reporter, but for another small newspaper facing a similar situation.
The legal process stretched over years. There were depositions, court proceedings, extensive document production, meetings with attorneys, travel and a great deal of time diverted from running our business. Attorneys, law students, witnesses, county employees and many others devoted substantial effort to the case.
It affected our work and our daily lives, and we recognize that others involved may have felt that strain, too.
Some of what we learned during the process was particularly troubling.
Through depositions and conversations with individuals involved in the March 2023 letter, we learned that some who signed or supported it did not regularly read The Reporter. Others told us they had no concerns about the accuracy or fairness of our reporting but had lent their support to the complaints of others.
That raised a question we believe is important: Before attaching your name to a public criticism of a newspaper, particularly one coming from county government, shouldn’t you first be familiar with what you’re criticizing?
We all rely on people we trust, but public officials have a responsibility to exercise their own judgment.
The county attorney provides legal advice, the board chair provides leadership, and staff provide information and recommendations. Ultimately, however, it is the supervisors who must weigh the facts and decide how to act on behalf of the residents who elected them.
That responsibility matters when signing a letter, voting on a resolution or accepting an explanation that something must be done a particular way.
Asking questions isn’t an act of disloyalty. It’s part of governing.
We believe a closer examination of the facts and more willingness to question assumptions could have prevented much of this dispute.
On November 10, 2026, the Delaware County Board of Supervisors approved a $600,000 settlement and the restoration of The Reporter’s official county newspaper designation for legal notices through December 31, 2026.
The county did not admit wrongdoing.
We see the settlement as a meaningful resolution of a dispute that raised important questions about the relationship between government and a free press.
The county incurred legal defense expenses and other litigation-related costs. We believe residents should have a clear accounting of those costs, including what was paid by insurance and what, if anything, was paid directly from county funds. We don’t want to speculate about figures we cannot substantiate.
People may reasonably ask whether pursuing the case was worth it.
That’s a fair question.
We could have focused only on the loss of advertising revenue, but to us the issue was broader.
A community newspaper must be free to report on government without fearing that unfavorable coverage will bring official retaliation. That principle matters whether the publication is large or small, and regardless of who owns it.
Legal notices are also more than advertising revenue. They inform residents about public hearings, municipal bids, auctions and government actions that may affect them.
A contractor may find an opportunity to bid on a job. A resident may learn of a meeting and decide to attend. Keeping that information accessible is an important public service.
We know that many county employees and elected officials work hard for Delaware County. The Reporter has covered their accomplishments as well as difficult or controversial decisions. Both kinds of stories belong in a community newspaper.
We hope public officials will continue to share information openly with reporters, answer questions and recognize that scrutiny is part of a healthy relationship between government and the press.
Before closing, we want to recognize the extraordinary people who made it possible for us to see this case through.
Our deepest gratitude goes to attorney Heather E. Murray, Associate Director of the Cornell Law School First Amendment Clinic and Managing Attorney of its Local Journalism Project, who has been by our side from the very beginning.
Heather’s unwavering commitment, extraordinary dedication and steady guidance carried us through years of challenges and uncertainty. She believed in the importance of this case, understood what was at stake for our newspaper and our community, and never lost sight of the principles we were fighting to protect.
More than anyone, Heather helped shape the path that brought us to this moment. We will always be grateful not only for her remarkable legal work, but also for the confidence and reassurance she gave us when the road ahead seemed overwhelming.
We are equally grateful to Mark H. Jackson, Director of Cornell Law School’s First Amendment Clinic and Adjunct Professor of Law. Mark brought a remarkable depth of experience to our case, including his years as Executive Vice President and General Counsel of Dow Jones & Co. His leadership, commitment to press freedom and willingness to put the clinic’s considerable resources behind a small community newspaper meant more to us than words can adequately express.
Attorney Michael J. Grygiel, a partner and Chair of the First Amendment and Media Practice at Foley Hoag LLP, deserves our heartfelt thanks as well. A highly respected First Amendment attorney who also teaches at Cornell Law School, Mike brought exceptional experience, insight and dedication to our defense. His work alongside the Cornell team was invaluable, and we are deeply grateful for his commitment to our case.
We also extend our sincere appreciation to attorneys Christina Hernsdorf and Kelly L. McNamee of Foley Hoag LLP, and Cynthia E. Neidl of Greenberg Traurig LLP. Their contributions, together with the efforts of the entire legal team, helped carry this case forward. We are grateful for the time, expertise and commitment they brought to our defense.
We also want to recognize the many Cornell Law School students who worked on our case over the years.
Those students deserve special recognition. As they brought their knowledge, energy, thoughtful questions and dedication to our case, we had the privilege of learning alongside them. They learned from the realities of our experience, and we learned so much from their fresh perspectives and commitment.
We hope the lessons we shared will stay with them throughout their legal careers, just as their contributions will stay with us. Their work mattered, even when it happened far from public view.
Together, this extraordinary team demonstrated what access to justice can mean for a small, independently owned newspaper. Without their willingness to stand beside us, we may never have had the resources to pursue this case to its conclusion.
We also want to recognize our editor, Lillian Browne.
Throughout this ordeal, Lillian’s professionalism, integrity and dedication to independent journalism never wavered. Much of the criticism directed at The Reporter was also directed at the reporting and editorial decisions made under her leadership. We know how deeply personal that criticism became and the toll it took.
We want to say clearly that Lillian has our unwavering respect, confidence and gratitude. She has approached her responsibilities with a commitment to accuracy, fairness and the public’s right to know, even when that work has been difficult or unpopular.
We have stood behind her throughout this experience, and we stand behind her today. Her dedication to The Reporter and the community it serves deserves recognition.
We are grateful as well to our employees, families, friends and readers who supported us throughout these years. Your encouragement, patience and belief in the importance of local journalism meant more than you may realize.
While this experience was never one we would have chosen, it became an extraordinary learning journey for both of us. We gained a much deeper understanding of the First Amendment, the legal system and the responsibilities that come with defending a free press. We met remarkable people, developed lasting relationships and came away with perspectives we might never otherwise have gained.
We have always believed that life is about continuing to learn and grow. Even during difficult times, there is something valuable to be gained from new knowledge, new experiences and the people we meet along the way. That is one of the most meaningful things we will carry forward from this experience.
We hope something good comes from this case beyond its resolution.
We hope it encourages public officials to ask more questions, to listen to differing perspectives and to recognize that a newspaper doing its job is not an adversary of good government.
And we hope it reminds readers that a free press belongs to the community it serves. Its purpose is not to make everyone comfortable or to tell people only what they want to hear. Its responsibility is to report the news, ask questions and help residents stay informed.
That is what we believed was worth defending.
Thank you for reading, for supporting The Reporter and for allowing us to serve this community.
Randy and Kim Shepard
Owners,
Decker Advertising, Inc.
Publishers of
The Reporter
