Justia Communications Law Opinion Summaries

The Supreme Court affirmed in part and dismissed in part the orders of the circuit court denying Appellant's motion for an order to waive record fees and Appellant's motion to be determined the prevailing party in a lawsuit brought pursuant to the Freedom of Information Act (FOIA), holding that there was no error or abuse of discretion.One appeal in this case related to Appellant's efforts to be declared a prevailing party in his FOIA action against the University of Arkansas, and the second was an order denying his motion to waive record fees. The circuit court dismissed the FOIA claim with prejudice because the parties had negotiated a settlement as to that claim. In denying the motion at issue, the circuit court found it to be improper and untimely. The Supreme Court (1) dismissed Appellant's appeal as to his motion for an order to waive fees as not final and appealable; and (2) affirmed the order of the circuit court denying the motion for determination of prevailing party, holding that the circuit court based its decision on independent and alternative grounds, and Appellant failed to challenge them both. View "Steinbuch v. University of Arkansas" on Justia Law

The Supreme Court reversed the order of the circuit court ordering certain messages to be released because they constituted "public records" pursuant to the Arkansas Freedom of Information Act (FOIA), Ark. Code Ann. 25-19-101 et seq., holding that the circuit court clearly erred.While Mark Myers was employed as director of the Department of Information Systems (DIS) and Jane Doe was employed by a company that did business with DIS the two developed an intimate personal relationship. After legislative audit disclosed that Myers was under investigation for improperly authorizing $8.2 million for the purchase of equipment from a vendor represented by Doe, the Arkansas Democrat-Gazette, Inc. submitted its FOIA request seeking correpondence between Myers and any representatives of Cisco Systems. Myers filed suit seeking a temporary restraining order to prevent the Secretary of Transportation and Shared Services from releasing Blackberry Messenger between Myers and Doe. The circuit court concluded that the messages were public records and that the public had a right to their content. The Supreme Court reversed, holding that the circuit court clearly erred by not determining whether each individual message met the definition of a "public record." View "Myers v. Fecher" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for a writ of mandamus that sought to compel the disclosure of documents under the Freedom of Information Act (FOIA), Ark. Code Ann. 25-19-105 to -110, holding that the circuit court did not err in denying the petition.Appellant was convicted of capital murder and aggravated robbery and sentenced to life imprisonment without parole. The Supreme Court affirmed. In his FOIA petition, Appellant argued that he was entitled to materials from the prosecutor and the Hot Springs Police Department connected to his criminal conviction. The circuit court denied the petition. The Supreme Court affirmed, holding that Appellant failed to show that he had an established legal right to access investigative materials from local authorities. View "Burgie v. State" on Justia Law

The Supreme Court reversed the order of the circuit court granting Plaintiff's motion for summary judgment and finding that the City of Fort Smith and its directors violated the open-meeting provisions of the Arkansas Freedom of Information Act (FOIA) when three of the city directors and the city administrator exchanged emails relating to city business, holding that the email communication did not violate the open-meeting provisions set forth in Ark. Code Ann. 25-19-106.Specifically, the Court held (1) FOIA's open-meeting provisions apply to email and other forms of electronic communication between governmental officials just as they apply to in-person or telephonic conversations; but (2) the emails in this case were only background information and non-decisional information sharing, and therefore, there was no violation of the of the open-meeting provisions. View "City of Fort Smith v. Wade" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s order requiring the Arkansas Department of Correction (ADC) to provide Steven Shults with the pharmaceutical package inserts and labels for its supply of midazolam, one of the drugs in the State’s execution protocol.Shults filed a complaint against the ADC after it refused to provide him with public records pertaining to the State’s supply of midazolam pursuant to his Arkansas Freedom of Information Act request. The ADC refused to disclose the package inserts or labels for the midazolam, arguing that these documents could be used to identify the sellers or suppliers of the drug in violation of the Method of Execution Act (MEA), Ark. Code Ann. 5-4-617. On appeal, the Supreme Court held (1) the circuit court correctly determined that the identity of drug manufacturers is not protected under the confidentiality provisions of section 5-4-617; but (2) the circuit court erred in requiring disclosure of the unredacted records, as certain information was confidential under section 5-4-617(j). The court remanded the case for the circuit court to determine which information must be redacted on the midazolam labels and/or package inserts at issue. View "Arkansas Department of Correction v. Shults" on Justia Law

Roby Lowery Stapleton was murdered in 1963. Her murder remains unsolved. In 2013, through the Keech Law Firm, Stapleton’s family made a formal written request to the Department of Arkansas State Police (ASP) for a copy of the case file and other materials relating to ASP’s investigation into Stapleton’s murder. ASP denied the request. Keech then filed a complaint against ASP asking the circuit court to compel disclosure under the Arkansas Freedom of Information Act (FOIA) . ASP maintained that the material was exempt under FOIA because it was the subject of an open and ongoing investigation into Stapleton’s murder. The court ordered ASP to turn over the file, concluding that the case was not an “open and ongoing” law enforcement investigation and, therefore, the claimed exemption did not apply. The Supreme Court affirmed, holding (1) the circuit court’s finding that this investigation was not open and ongoing was not clearly erroneous; and (2) this case falls squarely within the purpose of FOIA. View "Department of Arkansas State Police v. Keech Law Firm P.A." on Justia Law