An Arkansas Mom Obtained Public Records About a New Data Center. Then She Got Sued.
Arkansas resident Jessica Kivell obtained public records about a solar facility intended to power a data center in West Memphis, including documents indicating Google would cover only about one-third of the project’s cost. Entergy Arkansas sued Kivell and news organizations over publication of the records, but a federal judge denied its emergency gag-order request and Entergy later dropped the case.
Jessica Kivell requested records from the Arkansas Public Service Commission about a solar plant planned to supply a data center in West Memphis. The documents suggested Google would pay only one-third of the facility’s cost, potentially leaving ratepayers responsible for more than the company had promised. Kivell shared the records with the Arkansas Democrat-Gazette, which reported on them.
Entergy Arkansas, which was set to build the solar facility, sued Kivell, the Democrat-Gazette, a reporter and the Arkansas Times, alleging the commission improperly released trade-secret information and seeking to restrict publication. U.S. District Judge Lee Rudofsky denied Entergy’s emergency request for a gag order, and the utility subsequently dropped the case. The article uses the dispute to argue that Congress should enact a federal anti-SLAPP law so defendants in similar federal lawsuits can recover their legal costs.