Month: September 2026

The Arkansas Pro Chapter of the Society of Professional Journalists applauds a federal judge’s ruling that upholds the constitutional right of journalists to publish information without prior restraint.

On Tuesday, Entergy Arkansas asked the judge for a temporary restraining order to prevent the Arkansas Democrat-Gazette and Little Rock resident Jessica Kivell from further publishing or sharing details of the utility’s agreement with a Google subsidiary regarding a West Memphis-area data center project. Kivell obtained the documents from the Arkansas Public Service Commission via a public records request.

Entergy said the PSC mistakenly released documents, which Entergy said are protected from disclosure under federal and state trade secrets laws.

In a hearing Wednesday, U.S. District Judge Lee Rudofsky denied Entergy’s request, rejecting the utility’s argument that the information was not of significant public concern, according to a report from Arkansas Business.

“We are pleased that the court denied Entergy Arkansas’ request for a temporary restraining order,” SPJ chapter President Sarah Campbell-Miller said. “We recognize this is only the first step in the legal process, but it is an important step in protecting journalists’ First Amendment rights.”

In his verbal ruling Wednesday, Rudofsky equated the utility’s request with prior restraint of the Democrat-Gazette’s First Amendment rights, the newspaper reported.

Rudofsky also denied the restraining order against Kivell, saying Entergy’s case against her was unlikely to succeed, Arkansas Business reported.

Campbell-Miller also expressed satisfaction that the judge recognized Kivell’s First Amendment rights.

“It’s always a good day when the courts uphold longstanding precedent regarding the public’s right to receive information vital to their understanding of important issues involving a publicly regulated utility,” she said.

UPDATE: Entergy’s request has been denied, in a win for press freedom.

Our statement that was posted on Sept. 1, 2026, prior to the Sept. 2 ruling:

The Arkansas Pro Chapter of the Society of Professional Journalists urges a judge to reject Entergy Arkansas’ unconstitutional attempt to block news outlets from publishing vital information about a data center project. 

On Tuesday, Sept. 1, Entergy filed a complaint asking a federal judge to stop the Arkansas Democrat-Gazette, the Arkansas Times and a private citizen from publishing information about the utility’s contract with a Google subsidiary for a West Memphis-area solar farm that is expected to power a data center. The utility argues that the contract contains confidential and proprietary information.

The Democrat-Gazette already published information about the contract, including what Google will pay Entergy, based on documents obtained by central Arkansas resident Jessica Kivell from the Arkansas Public Service Commission through a state Freedom of Information Act request. The Arkansas Times is named as a defendant, even though it has said it does not possess the documents.

“The newspaper, its reporter and the private citizen acquired the information legally,” said Arkansas SPJ President Sarah Campbell-Miller. “The mistaken or accidental release of supposedly confidential information doesn’t obligate a journalist to keep secrets about a subject of profound public interest.”

In its federal court petition, Entergy says the PSC mistakenly released the information, which the utility argues is protected under state and federal trade secrets law. The PSC previously had issued an order putting much of the deal under a blanket of secrecy.

The utility asks the judge to enjoin the newspaper and Kivell from further divulging any information contained in the documents. The company also wants the newspaper to remove what it has published from its website and online archives.

In seeking the injunction, Entergy Arkansas and its lawyers demonstrate a lack of understanding of the constitutional protections that apply to information journalists receive legally, Arkansas SPJ believes. 

Both the newspaper and its source obtained the documents legally, and they have no obligation to refrain from sharing important information about a matter of significant public interest – the costs of a $1.6 billion commercial project and the impact on Entergy’s customers.

The U.S. Supreme Court also has ruled that journalists cannot be prevented from publishing information in advance except in narrow circumstances under a doctrine known as prior restraint.

U.S. District Judge Lee Rudofsky heard arguments Tuesday evening and is expected to rule soon. 

“We hope the judge recognizes the U.S. Constitution and case law protecting journalists who publish previously secret information overshadow any business claim to trade secrecy, especially when the details help taxpayers understand how data centers affect their pocketbooks,” Campbell-Miller said.