Thank you to the sponsors of the 2024 APA Convention
Arkansas Press Association Publisher Weekly
Vol.19 | No. 25 | Friday, June 26, 2024 | Serving Press and
State Since 1873
FOIA expert highlights importance of government disclosure
The presentation by public records advocate David Cuillier during the 2024 Arkansas Press Association Convention couldn’t be more timely.
With a backdrop being APA’s role in the concerted effort to enshrine the Arkansas Freedom of Information Act into the state constitution, Cuillier is delivering an overview on the status of government transparency in the United States, with an eye specifically on freedom of information issues in Arkansas. His presentation, “Partly Cloudy: Getting Public Records in an Age of Secrecy” is the third Friday session at the Embassy Suites by Hilton Jonesboro Red Wolf Convention Center.
Cuillier is director of the Joseph L. Brechner Freedom of Information Project at the University of Florida.
“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 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?”
Cuillier notes there are several important reasons for the secrecy trend. One of them is the decline of the “legacy news media,” which in the past was more likely to push for information or sue.
“A lot of government officials know that, and they feel entitled to snub their noses at transparency,” Cuillier said. “And a lot of government officials have gotten good at gaming the system. I do think we are seeing a lot more arrogance
APA Convention kicks off with ASU behind-the-scenes tour
Arkansas State University pulled out the red carpet tonight, welcoming the Arkansas Press Association and its members to Jonesboro for the 2024 APA Convention.
The convention kicked off with cocktails and heavy hors d’oeuvres at Woodard McAlister Family Club at Centennial Bank Stadium, hosted by ASU, followed by a special tour of the sports facilities.
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and just plain old obstruction.
“Another thing we see is public officials who talk the talk (concerning open government), but don’t walk the walk.”
Cuillier said many government officials now are “not afraid of newspapers” because of repeated attacks and a decline in the public’s respect and sense of credibility for the industry. “There is a lot of cynicism out there now,” he said.
“I think a lot of government officials believe they can get away with illegally withholding public records, often to avoid embarrassment or criticism, because they know few people will challenge it, and there is very little enforcement. Why not break the law if you can get away with it?
Cuillier is well regarded as an expert on freedom of information.
“Unfortunately, as newspapers and TV stations have suffered financially, officials know they are less likely to sue for the records. Also, agencies have gotten much more sophisticated and savvy in their methods for hiding information. Fewer champions are fighting for records, and that does not bode well for empowering the electorate.”
While Cuillier said Arkansas has a freedom of information law that contains numerous strong points, the state ranks on the low end of the scale in terms of overall transparency.
“Arkansas is more secretive than most states,” he said. “But you do rank ahead of Alabama.”
Just having a strong law is not enough, he said. For example, Afghanistan has the strictest government transparency law in the world, but enforcement is an entirely different matter.
“Having a great law doesn’t necessarily lead to democracy or open government,” he said.
Another important consideration is the development of a strong and independent state oversight commission that focuses on government transparency and assists citizens and news media in seeking public information. This has proven to be a vital factor for several states that rank high in public information access.
Cuillier points out that most freedom of information requests come from individuals or businesses rather than the news media.
“Information is essential in a well-run society,” he said.
Such requests lead to improvements such as cleaner drinking water, safer restaurants, better schools, fewer wasted tax dollars and less government corruption. Cuillier said research indicates each dollar spent on successful public information requests leads to a $287 return on investment for society.
Cuillier’s organization is in Florida, a state traditionally seen as having a “sunshine” approach to records and open government. “But it’s not as sunny in Florida as it used to be,” he said. “It has lost its luster. In fact, the state is now worse than most.”
Florida is like other states, he said, in having a good law but
continually looking to pass “exemptions” to government transparency.
Cuillier acknowledges valid complaints by public officials relating to some citizens who go overboard in making burdensome information requests. “But it’s not really a widespread problem,” he said. “It’s actually less than one percent.”
But this is where an independent commission can come into play. In one state, a commission barred an individual for a year from making public information requests. “It’s just a matter of approaching this with common sense,” he said.
Additionally, investment in better technology at all levels of government can make access to public information more easily accessible.
Cuillier has suggestions for newspaper folks who want to become more effective in securing relevant public information:
“First, request at least one record per week. Set aside an hour at a slow time and submit a request, as well as checking up on previous requests. If great stories come from just half of them that is still 26 amazing stories a year that will inform the public. Also, it will dramatically improve one’s skills and train local agencies to get used to your requests and tenacity.
“Second, don’t walk away at the first denial. Appeal, challenge, fight. Make it harder for the agency to say ‘no’ than ‘yes,’ including writing about the denials. They aren’t saying ‘no’ to you – they are saying ‘no’ to your entire community. Tell your community.
“Third, effect change in the state. Sometimes it takes just one or two dedicated, passionate journalists or citizens to change the tide. Get mandatory attorney fee-shifting into the law so lawyers will volunteer to sue for records. Push for stiff penalties for non-compliances. Eliminate copy fees, particularly for publicinterest requests. Create an independent oversight agency, with enforcement power, to allow requesters to get what they are
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Arkansas Business snags AABP Editorial Excellence Awards
Arkansas Business brought four awards back to Little Rock following The Alliance of Area Business Publishers Editorial Excellence Awards dinner on June 21 in Baton Rouge, Louisiana. The awards were presented at the close of the AABP Summer Conference.
Senior Editor Mark Friedman received top honors among medium-sized business publications for Best Body of Work, Single Writer, for the second year in a row.
Friedman also took Gold in the Best Explanatory Journalism category, for “Mothers and Babies at Risk,” along with former Reporter Lara Farrar. Farrar also received a Silver designation in the Best
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entitled to without hiring an attorney (like in Connecticut, Ohio and Pennsylvania – and more than 40 nations, including Mexico).”
Cuillier has been at his current position in Florida for the past year. “The center has been around for about 50 years, and it is really the only one of its kind in the nation,” he said. The mission is to provide research and education in the area of government transparency and to work with individuals and agencies to identify problems and seek solutions.
Cuillier meets regularly with schools, libraries and other organizations to promote the mission. In recent months he has made presentations at the South Dakota Press Association and the Kansas Press Association. He is available to any journalist who has questions or concerns relating to government transparency. “It is a privilege for me to provide advice or assistance,” he said.
A native of Washington State, Cuillier earned a bachelor’s degree
Investigative Reporting category for “Levees Overlooked.”
Former Publisher Chris Bahn, Editor Brent Birch, former Managing Editor Todd Traub, Assistant Editor Addison Freeman and Art Director Dean Wheeler received Silver in the Best Ancillary Publication for Greenhead, an annual magazine focusing on Arkansas duck hunting.
The Alliance of Area Business Publishers represents 57 regional and local business publications in the United States, Canada and Australia. Its annual Editorial Excellence Awards competition is coordinated and judged by faculty in the University of Missouri School of Journalism.
in journalism from Western Washington University and master’s and doctorate degrees in communication from Washington State University.
He was a professor of journalism at the University of Arizona for 17 years, serving as head of the department for five years.
Cuillier also served as president of the Society of Professional Journalists in 2013-14. He currently is editor of the Journal of Civic Information, an open-access peer-reviewed publication focused on research about citizen access to information critical for selfgovernance.
In his remarks at the APA convention, Cuillier intends to stress the critical importance of protecting and promoting public information access.
“We need to change the secrecy creep, or we will lose this democracy,” he said. “A lot is at stake.”
Stafford marks 45 years at News-Times
El Dorado News-Times Business Manager Iva Gail Stafford (center) celebrated her 45th anniversary with the El Dorado News-Times on June 19. Pictured with Stafford are General Manager Robyn Yarbro and President of WEHCO Newspapers Mark Lane
580 square feet
• Close to the Arkansas
• State Capitol Parking included
• Use of conference room and kitchen
Contact: ashley@arkansaspress.org
AP to create new 501(c)3 to fundraise for state/local news
The Associated Press announced on Tuesday it will create a sister organization to fundraise for and support state and local journalism.
Governed by an independent board of directors, the new 501(c)3 charitable organization will help AP sustain, augment and grow journalism and services for the industry, as well as help fund other entities that share a commitment to state and local news.
The new organization builds on AP’s work over more than five years to augment its journalism with philanthropic support, which has allowed the global news organization to deepen reporting on key areas such as climate, religion, democracy,
education and more. AP retains complete editorial control in all journalism it produces with philanthropic funding.
“The crisis in local news is only exacerbating. It’s AP’s role as the cooperative at the heart of the news ecosystem to both reinforce our own state and local reporting as well as support other organizations who share our commitment to local journalism,” said AP President and CEO Daisy Veerasingham. “State and local news is essential, both to the democratic process and to combating misinformation. Simply put, it’s a public good.”
The announcement follows several content sharing collaborations AP has recently announced with nonprofit news outlets
across the U.S., including CalMatters, The Texas Tribune, South Dakota News Watch, Honolulu Civil Beat and others. These collaborations are aimed at expanding the reach of local journalism ahead of the 2024 U.S. presidential election.
The Associated Press is an independent global news organization dedicated to factual reporting. Founded in 1846, AP today remains the most trusted source of fast, accurate, unbiased news in all formats and the essential provider of the technology and services vital to the news business. More than half the world’s population sees AP journalism every day. Visit their website at ap.org
The Arkansas Newspaper Connection is a weekly newsletter published by APA connecting freelance and independent writers, editors, photographers and designers with Arkansas newspapers in need. Lists available job openings and other opportunities at Arkansas newspapers and associate member organizations. Send your listings to info@arkansaspress.org
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