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.