Guest Column:
Arkansas Press Association PUBLISHER
By Gene Policinski
Vol.20 | No. 11 | Thursday, March 13, 2025 | Serving Press and State Since 1873
Sunshine Week shines light on FOI, transparency issues
The public has a time-honored right to know about the operation of government on all levels, and Sunshine Week, March 16-22, is designed to call attention to escalating challenges to transparency while promoting avenues for journalists and citizens to gain access to relevant information.
Sunshine Week was initiated in 2005 by the American Society of Newspaper Editors and is celebrated annually by newspapers in Arkansas and across the nation.
The special week promotes the mission “to shine light into the dark recesses of government secrecy.”
The key component for this effort in Arkansas is the Freedom of Information Act, passed by the state legislature in 1967, representing one of the strongest government transparency laws in the nation. The Act was signed into law on February 14, 1967, by Gov. Winthrop Rockefeller, who said, “We have taken the government out of the smoke-filled rooms and returned it to the people.”
“It is vital that the Arkansas FOIA stay strong,” said Arkansas Press Association executive director Ashley Kemp Wimberley. “FOIA allows any citizen, not just journalists, to see inside local and state government, with the right to examine and copy public records and to be present whenever governmental bodies meet.
“The annual Sunshine Week observance is a welcome opportunity to remember the critical role of a free press in American society and the role of informed citizen participation in government. Protecting public notice and government transparency has been of utmost importance to APA since its earliest days.”
Since 2023, Sunshine Week has been coordinated by the Joseph L. Brechner Freedom of Information Project at the University of Florida College of Journalism and Communications.
The project’s website notes that “for decades Sunshine Week has provided an annual rallying point for educational initiatives, including indepth newspaper reporting projects, government proclamations, and public education through social media. All U.S. residents have the right to attend public meetings and see government documents through ‘sunshine laws,’ shedding light on issues of public importance.”
David Cuillier, director of the Brechner Freedom of Information Project, discussed the current state of access to public information at last summer’s APA Convention in Jonesboro.
“A lot of research indicates a steady increase in secrecy at all levels of government throughout the United States,” Cuillier said. “Ten years ago, if you asked a state agency for a record, on average you would get it about half the time. Now it’s down to about a third of the time. It’s even worse at the federal level, going from about half the time to 13% of the time. What happens when it goes to zero?”
He also noted that most public information requests come from individuals and businesses rather than the media. Requests often lead to societal improvements such as cleaner drinking water, safer restaurants, better schools, fewer wasted tax dollars and less government corruption. “Information is essential in a well-run society,” Cuillier said.
Numerous states have adopted strong FOI laws, Cuillier said, but one problem is that legislatures continually are trying to pass exemptions.
Cuillier said one of the current challenges is many government
Sunshine
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officials now “are not afraid of newspapers” because of repeated attacks on journalism and a decline in the public’s respect and sense of credibility in the industry. “There is a lot of cynicism out there now,” he said.
Some of Cuillier’s suggestions for journalists to help improve government transparency on all levels include:
-- Request records on a regular basis, as information often leads to great stories.
-- Don’t give up on the first denial. “Appeal, challenge, fight.”
-- Work to effect change in your state by (1) promoting attorney fee-shifting so lawyers will volunteer to sue for records, (2) seeking the elimination of copy fees, and (3) helping establish independent FOI oversight agencies.
Arkansas newspapers regularly use the FOIA to obtain information from public bodies but, on occasion, a wall of opposition is erected. Such was the case last year when the Helena-West Helena School District administration refused to release pertinent information relating to an on-campus student fight.
Andrew Bagley, publisher of the local Helena-West Helena World, and current president of the APA, sued the district to obtain that information. The newspaper retained the services of attorney John Tull, perhaps the foremost legal expert in Arkansas concerning government transparency issues.
Later, a Jonesboro attorney also was retained, and following a lengthy period of negotiations among attorneys for each party, the district finally agreed to provide the surveillance video. Bagley had already agreed to accept video and information with faces blurred and names redacted.
“This litigation was the direct result of an administration that simply thought we did not have the resolve to stand up to their blatant violations of the Arkansas Freedom of Information Act,” Bagley said at the time.
“Some people think of the Freedom of Information Act as something that is just used at the state level, but it’s important at all levels of government,” Bagley said.
“FOIA is also being used in rural communities to discern how local tax dollars are spent, hold local agencies accountable, monitor environmental issues and advocate for better services, especially when dealing with issues like healthcare, infrastructure and economic development, where access to data is crucial for understanding needs and pushing for improvements.
“Using FOIA to request documents related to decision-making processes, spending records and compliance with regulations ensures transparency and helps eliminate fraud and identify potential issues or conflicts of interest. The public has the right to know.”
A Sunshine Week tool kit is now available on the APA website, providing useful information concerning the FOIA and various issues relating to government transparency. It contains tips for journalists and citizens in dealing with roadblocks faced in the current atmosphere, as well as discussing opportunities for ways to utilize public information.
Looking forward, Cuillier expressed the need for journalists and citizens to become involved in the fight to promote the tenets of Sunshine Week at all levels of government. “We need to change the secrecy creep, or we will lose our democracy,” he said. “A lot is at stake.”
Leadership changes at PNRC and ACCN set to take effect April 2
The Public Notice Resource Center and American Court and Commercial Newspapers boards recently announced that they have selected the Michigan Press Association to manage the joint affairs of the two groups after the current contract with Karpel Public Affairs expires on April 2. The move comes as Karpel Public Affairs President and Owner Richard Karpel informed the organizations that he planned to retire on April 2 and would begin the process of ceasing operations. Karpel has served as the executive director of both PNRC and ACCN since his company entered into the initial management contracts with the groups in 2017.
According to a release by the organizations, “PNRC is a charitable organization that promotes government and corporate
transparency through research and education focusing on how to provide effective official notice to the public. It is the only national organization that monitors and analyzes public notice legislation in all 50 states. ACCN is a trade association that represents local newspapers that report on and provide services to the legal and business communities in which they operate.”
A search was conducted by the PNRC and ACCN boards for a new organization to provide management services. The two nonprofits have been jointly managed since 2004, when PNRC was founded. MPA was selected for their track record of advocating for open government and robust public notice laws on behalf of Michigan newspapers for over 150 years.
APA discounted room rates available for ad conference
Hotel reservations are available for the APA Advertising Conference at a discounted block rate until March 21 or until rooms are sold out. The conference is scheduled for April 10-11 in Little Rock and will include an APA night at Dickey-Stephens Park to watch the Travelers take on the Tulsa Drillers. To access the discounted rate, visit https://www.hilton.com/en/book/reservation/deeplin k/?ctyhocn=LITMBDT&groupCode=CDT92B&arrivaldate=202504-10&departuredate=2025-04-11&cid=OM,WW,HILTONLINK,EN, DirectLink&fromId=HILTONLINKDIRECT. Reservations can also be made by following the instructions below:
• Visit DoubleTree by Hilton in Downtown Little Rock website
• Enter arrival/departure dates
• Click the “Special Rates” box
• Enter “92B” in the Group Code box
• Click the “Check Rooms & Rates” box. The group rate of $129.00 per night is available for Standard King and Double Queen rooms.
Guests can also call 1-800-HILTONS and reference the Arkansas Press Association room block to receive the discount.
“We appreciate the opportunity to continue the valuable work PNRC and ACCN have been doing across the country,” said MPA Executive Director James Tarrant. Tarrant and MPA Public Affairs Manager Lisa McGraw said they look forward to “using their knowledge about the importance of public notice and government transparency in working with both organizations,” according to the release.
“The ACCN and PNRC Boards wish Richard Karpel all the best in retirement,” said PNRC President Brad Thompson and ACCN President Eric Barnes. “His dedication to both organizations has been exceptional. We’re confident MPA will continue the excellent work that has been done.”
Canadian newsprint tariffs taking effect next month
On March 6, President Trump agreed to tariff exemptions for Canadian and Mexican imports that comply with the United StatesMexico-Canada Agreement (USMCA), which was negotiated during Trump’s first term. Until April 2, these products will not be subject to the 25% tariffs that have been applied to all other imports from the two countries. Covered under the agreement is newsprint, including magazine paper, as reported by the News/ Media Alliance.
After two amendments to the tariff orders were signed by Trump, newsprint and other goods entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. Eastern Standard Time on March 7 will be exempt from the tariffs. Even with the temporary break from tariffs, prices of Canadian newsprint continue to rise amid the uncertainty.
According to a report by Columbia Journalism Review, our northern neighbors provide up to 80% of America’s newsprint. “A tariff would add a significant burden to publishers already struggling with high costs of production and thin margins, and analysts say the mere looming threat of one has complicated life for printers,” the CJR article said.
The News/Media Alliance has encouraged newspaper professionals to reach out to their U.S. Senators and U.S. Representative, telling them of the harm that tariffs will have on newspaper companies. They are not encouraging editorials at this time.
LET’S GET SOCIAL
Paxton Media Group acquires two newspapers in Tennessee
Paxton Media Group recently acquired two newspapers in middle Tennessee, adding to their network of nearly 120 publications that spans 14 states. Paxton Media Group owns 10 newspapers in Arkansas. The two new Tennessee newspapers are the Southern Standard in McMinnville and the Smithville Review in Smithville which both previously belonged to Morris Multimedia, Inc. Both newspapers date back to the late 1800s.
“We are excited to add these newspapers to the PMG portfolio,” said Jamie Paxton, fifth generation president and CEO of Paxton Media Group. “PMG believes strongly in the value of local
newspapers and the vital role they play in the communities that they serve. We appreciate being chosen as the new stewards of these important community assets.”
“In today’s challenging media environment, regional scale is extremely important, which positions Paxton Media Group as the right company to own and operate these two newspapers going forward,” said Morris Multimedia, Inc. Owner Charles H. Morris. “Paxton is very well thought of in the industry, and we are confident that they will continue to emphasize local journalism in these two markets.”
Beneficial Ownership Information reporting rule back in effect
A February 18 decision has put the beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) back into effect. The decision was made by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Tex.). Allowing time for reporting companies to comply with BOI reporting obligations, the Financial Crimes Enforcement Network (FinCEN) extended the deadline for most companies to 30 calendar days from February 19. The new deadline for most reporting companies to file an initial, updated or corrected BOI report is March 21.
A release by National Newspaper Association said that during the 30-day period FinCEN will “assess its options to further modify deadlines, while prioritizing reporting for those entities that pose the most significant national security risks. FinCEN also intends to initiate a process this year to revise the BOI reporting rule to reduce burden for lower-risk entities, including many U.S. small businesses.”
A notice issued on February 18 gave details for the updated deadlines:
• For the vast majority of reporting companies, the new deadline to file an initial, updated, and/ or corrected BOI
Upcoming webinar on evolving DEI landscape for newspapers
A webinar on understanding recent DEI executive orders is scheduled for Wednesday, March 19 at 1 p.m. Central Daylight Time. The webinar will be hosted by Camille Olson of Seyfarth Shaw LLP for America’s Newspapers.
According to a release by America’s Newspapers, Olson will “provide an overview of recent developments on DEI, including executive orders, agency guidance and litigation trends affecting DEI initiatives.” She will share how these changes may influence compliance initiatives, including potential challenges for publishers adjusting to the shifting legal framework.
According to the release, the webinar is designed for newspaper owners, executives, HR professionals and legal teams looking to understand the changing DEI landscape.
For more information or to register, visit https://newspapers.org/ stories/understanding-recent-dei-executive-actions,4165610
report is now March 21, 2025. FinCEN will provide an update before then of any further modification of this deadline, recognizing that reporting companies may need additional time to comply with their BOI reporting obligations once this update is provided.
• Reporting companies that were previously given a reporting deadline later than the March 21, 2025 deadline must file their initial BOI report by that later deadline. For example, if a company’s reporting deadline is in April 2025 because it qualifies for certain disaster relief extensions, it should follow the April deadline, not the March deadline.
• As indicated in the alert titled “Notice Regarding National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)”, Plaintiffs in National Small Business United v. Yellen, No. 5:22-cv- 01448 (N.D. Ala.)—namely, Isaac Winkles, reporting companies for which Isaac Winkles is the beneficial owner or applicant, the National Small Business Association, and members of the National Small Business Association (as of March 1, 2024)—are not currently required to report their beneficial ownership information to FinCEN at this time.
The APA advises its members to consult their tax preparations advisors to confirm reporting obligations.
SAVE THE DATES
Guest Column: Sunshine Week: Support local journalism
By Gene Policinski
Sunshine Week is March 16-22, and this year, there’s an even greater need for you to get involved.
Sunshine Week annually celebrates freedom of information laws in every state. It also salutes efforts by good government advocates and journalists to use and ensure the effectiveness of those laws to get the information we need as self-governing citizens.
The name is a play on the commonsense words spoken more than a century ago by U.S. Supreme Court Justice Louis Brandeis, that “Sunlight is said to be the best of disinfectants.”
Brandeis’ remark was not made in a court opinion. It was in a 1913 article published in the news magazine Harper’s Weekly. Along with its observations on American culture and events, Harper’s was part of the “muckraking” news era, with journalists holding business and government accountable for corruption, waste and illegal activity.
As a special treat of each Sunshine Week, we get to see current examples of news reporting on behalf of the public, the type of journalism that the nation’s founders had in mind when they adopted strong First Amendment protection for a free press.
Sunshine Week was started in 2005 by the American Society of News Editors. The Joseph L. Brechner Freedom of Information Project at the University of Florida College of Journalism and Communications is coordinating Sunshine Week for the first time this year.
Each year, we celebrate the thousands of local, state and national print,
TV, radio and online reports that tell us what the government or others are doing and how they are doing it; reports that explore and expose otherwise-unseen information we need to know
to make good decisions at the ballot box, when petitioning for change or simply things we should know about our communities.
Just a few examples, from a 2023 New York Times report:
• In the Hunter Hills neighborhood of Atlanta, idle freight trains blocked a main road, sometimes for more than 30 hours, potentially blocking ambulances and fire trucks.
• In Colorado, a libertarian “food freedom” movement has reenergized a long battle over the safety of unpasteurized milk.
• A city manager in DuBois, Pennsylvania, gave himself raises and allegedly took hundreds of thousands of taxpayer dollars.
• After bus issues caused school closures in Jefferson County, Kentucky, two reporters followed one school bus trying to complete an impossible route.
• An investigative report of wage theft in New York State uncovered rampant abuse in the horse racing industry, with repeat offenders owing workers more than $4.4 million.
But this year as we celebrate that work being done on behalf of democracy, there is an increasingly needed partner in that work: You and your support for local journalists.
The number of journalists continues to plummet, from more than 75,000 newsroom jobs in 2005 to 31,860 in 2022, according to the Medill Local News Initiative. Far too many of us now live in “news deserts,” areas across the nation where not a single news outlet exists. Medill reported that in 2023, that out of 3,143 counties nationwide, 204 counties had no newspapers, local digital sites, public radio newsrooms or ethnic publications, and another 228 counties were at substantial risk of losing all local news media.
See GUEST Page 7
Even where there are established news media outlets, economic pressures have resulted in staff cuts that mean there is less coverage of local government institutions like the city council, school board and local courts.
We need to face the fact that there just aren’t enough journalists to do the job of monitoring and reporting on government, business and others.
To be sure, journalists and free press advocates are working to cut those losses and to buttress the flow of information to the public. There are new projects to fund local reporting or produce statewide or local reports, including the American Journalism Project; the Indiana Local News Initiative; Signal, a nonprofit organization in Ohio; and Houston Landing, a recently launched Texas publication.
Student-operated news media at several universities are reporting on their communities as well as their campuses. Student journalists are sometimes providing the only full-time reporting in some communities. Innovative nonprofit statewide news operations such as Wisconsin Watch, South Dakota News Watch and The Maine Monitor report, investigate and examine issues in their states.
Among notable national efforts: Freedom Forum funds two reporters, in Tennessee and Florida, in partnership with Journalism Funding Partners, who are dedicated to the First Amendment beat. The Lenfest Institute for Journalism provides tools and resources for local journalism leaders. The Knight Foundation has been a longtime advocate and supporter of efforts to energize local news outlets and nonprofit journalism operations.
But even with all those long-term and new initiatives, more help is needed. Let’s turn again to Brandeis, who according to an article by the Sunlight Foundation in 2009, said in that Harper’s article, “The individual citizen must in some way collect and spread the information” through civic groups and the press, which he believed would lead to “remedial action.”
This does not necessarily mean filing a Freedom of Information request. There are ways to help hold government accountable beyond this direct action.
Whether you are red or blue, progressive or conservative, Democrat, Republican or independent, you need to support those who do that investigative work on a daily basis.
Get behind and get engaged with those who use FOI laws and shoe-leather journalism to bring you the facts required for real self-governance. Take that information and make up your own minds about the concerns of the day where you live – and perhaps give the national pundit class a rest.
Open your eyes, your minds – and, yes, perhaps your wallets too – and bring a little sunlight into your life. Celebrate Sunshine Week. Justice Brandeis would be pleased, and you and your fellow citizens will be better off for the effort.
Gene Policinski is a veteran multimedia journalist and First Amendment advocate. He is one of the founding editors of USA TODAY and is senior fellow for the First Amendment at Freedom Forum.
95th Arkansas General Assembly
Legislative Report
APA is monitoring the following bills of interest to our industry and the public:
Bill No. / Author Short Description
HB 1042
Rep. Collins To Create The Direct Democracy Act Of 2025; To Repeal The Ensuring Access For All Arkansans And Voter Protection Act Of 2023; And To Amend The Procedure For The Filing Of A Ballot Initiative Petition And Referendum Petition.
https://bit.ly/3WHRRDt
HB 1141
Rep. Richardson To Create Criminal Offenses Related To Deceptive And Injurious Media In The Course Of Election Campaigns.
https://bit.ly/3El11zK
SB 12
Sen. King To Amend The Freedom Of Information Act Of 1967; To Subject All Communication With The Board Of Apportionment To The Freedom Of Information Act Of 1967; And To Establish A Penalty.
https://bit.ly/42zIutn
SB 209
Sen. Hammer To Disqualify Signatures Obtained By A Canvasser Under Certain Circumstances; And To Declare An Emergency.
https://bit.ly/4hAzAR6
SB 210
Sen. Hammer To Require The Signer To Read The Ballot Title Of The Petition In The Presence Of A Canvasser; And To Declare An Emergency.
https://bit.ly/4hUyDCS
SB 212
Sen. Hammer To Create The Document Validity Division; And To Declare An Emergency. https://bit.ly/4aZsrXU
SB 227
Sen. Tucker To Amend The Freedom Of Information Act Of 1967; And To Amend The Provisions Of The Freedom Of Information Act Of 1967 Concerning Public Meetings.
https://bit.ly/42WfEUm
SB 248
Sen. Tucker To Amend The Freedom Of Information Act Of 1967; And To Amend The Law Concerning Public Meetings Under The Freedom Of Information Act Of 1967.
https://bit.ly/4bvvF5E
SB 376
Sen. Clark To Amend The Freedom Of Information Act Of 1967; And To Amend The Provisions Of The Freedom Of Information Act Of 1967 Concerning Personnel Records.
https://bit.ly/4hk34lc
Current Status
Reported correctly engrossed - House
Referred to House Judiciary Committee - House
Returned by the Committee, with the recommendation that it Do Pass - Senate
Notification
Re-referred to the Committee on State Agencies & Govt’l Affairs - Senate
Ordered immediately transmitted to the House - Senate
Referred to the Committee on State Agencies & Govt’l Affairs - Senate
Returned by the Committee, with the recommendation that it Do Pass - Senate