Arkansas Publisher Weekly: September 15, 2023

By John Foust

Extraordinary session saw challenge to Arkansas Freedom of Information Act

In a week at the State Capitol filled with major challenges to Arkansas’ Freedom of Information Act, the Arkansas Press Association worked with other transparency advocates to hold the line in an effective defense of the landmark 1967 measure. It was something of a rollercoaster few days for APA staff and supporters, in dealing with the ebb and flow of the legislative process. That process essentially involved discussing with legislators the importance of governmental transparency, not for the press itself, but for the citizens of Arkansas.

Hitmaker Moore to be honored for positive headlines at Press Freedom Gala in October

Poyen native Justin Moore has made long headlines as the latest in a long line of country music singer-songwriters from Arkansas, joining the ranks of others such as Charlie Rich, Glen Campbell and Johnny Cash. He is also a co-host of the Morning Mayhem show on 103.7 The Buzz.

Academy of Country Music award-winner Moore will be honored as Headliner of the Year, an annual award recognizing those who bring national attention and positive headlines to the state of Arkansas, at this year’s Press Freedom Gala on October 12 at the Chenal Country Club in Little Rock.

Moore has built a loyal following over the past decade with his traditional country sound and captivating live shows. Currently climbing through the Top 40 at country radio, his latest single,

See Moore page 4

In the end, it appeared to be a fruitful discussion. The overall “timeline” moved from initial extreme concern over very real threats to open government to a realization that, through intense engagement and some ultimate needed compromise, the heart of Gov. Winthrop Rockefeller’s signature accomplishment remains essentially intact.

“The APA’s message was consistent throughout the session,” said Eliza Gaines, president of the APA and publisher of the

See FOIA page 2

Justin Moore

FOIA

Continued from page 1

Arkansas Democrat-Gazette. “We made it clear that we supported reasonable modifications to protect elected officials and their families, and that we opposed measures that would drastically weaken our strong FOIA.”

The setting was a special legislative session called by Gov. Sarah Huckabee Sanders, focused primarily on reduction of the state’s top rate for personal and corporate income tax and wholesale changes to the FOIA.

The income tax measure, which called for a new top rate of 4.4% for individuals and a new top corporate rate of 4.8%, becomes effective Jan. 1, 2024. Additionally, the bill creates a temporary income tax credit of $150 for individuals with net income of up to $89,600 and a temporary income tax credit of $300 for married couples filing jointly with net income up to $179,200. The tax credits apply retroactively to Jan. 1, 2023.

Several other pieces of legislation were passed in the special session which began Monday, but it was all overshadowed by the challenges to the FOIA.

In essence, the initial FOIA-related bills filed in both the House and Senate on behalf of Gov. Sanders hit immediate snags.

The holdup in the House came Monday when several attempts to suspend the rules to move forward with the legislation failed. In the Senate, the initial concern appeared to be whether the bill would be favorably voted out of the State Agencies and Governmental Affairs Committee.

Throughout the tumultuous first two days of the special session, repeated caucuses were held among legislators and with Gov. Sanders, apparently to gauge shifting levels of support for the FOIA overhaul.

Senate President Bart Hester (R-Cave Springs) indicated early in the process that he had the votes to pass the initial legislation, which featured extreme changes to the FOIA. That bill clearly hit a major internal roadblock. Eventually a modified bill was drafted and presented Tuesday to the State Agencies and Governmental Affairs Committee. The new measure, Senate Bill 9, most notably did not contain the original, and most controversial, language of exempting “records revealing the deliberative process” of state agencies.

Critics said that exemption effectively would have gutted the FOIA.

It was during a hearing Tuesday before the Senate committee that widespread opposition was directed to the new bill from a variety of citizens, including members of both parties. The only testimony in favor of the sweeping bill came from various individuals representing state agencies.

Items in the new Senate bill that drew the most negative responses included:

– exemptions for written communication between the governor and cabinet heads.

– excessively broad exemptions involving agency communication with attorneys (with or without a pending lawsuit).

– additional language that would require more than “substantially prevailing” in a FOIA case to be awarded attorney fees.

Among those testifying against the Senate bill were long-term FOIA advocates, local political party officials, many of them Republicans, and others who identified themselves as “regular citizens.”

One of those speaking before the committee was Jennifer Lancaster, an attorney and president of the Saline County Republican Women. “Information is the currency of our democracy,” she was quoted as saying in the Arkansas Democrat-Gazette. “A well-informed public is the core of our democracy, and this bill does not bode well for our democracy.”

The newspaper also quoted Julie McDonald of Progressive Arkansas Women – “There’s no one in the electorate that wants less transparency and accountability from government. You’ve united that political spectrum against such a measure. I did not know there was something that could unite us that way anymore.”

Several of those testifying said proposed changes in the transparency law should first be submitted to the legislatively formed Arkansas Freedom of Information Act Task Force. Attorney General Tim Griffin also has formed a working group to examine potential changes to the FOIA. The group held its first meeting last Friday, essentially on the eve of the special session.

Apparently, through the hearing testimony, constituent contact and discussion within

the caucuses, legislative leaders determined they did not have the votes to pass the modified measure. No vote was taken by the committee and no effort was made to “extract” the bill to the full Senate, cited as a potential option earlier in the session.

That eventually led to the creation of yet another measure, Senate Bill 10, which drastically scaled back the challenges to the transparency law, leaving only exemptions for records related to the governor’s travel and security details specific to Arkansas State Police protection. The security plan also extends to state constitutional officers and judges. An identical measure, House Bill 1012, also was filed Wednesday.

A hearing for Senate Bill 10 was held Wednesday morning before the same Senate committee. It drew significantly less citizen response. Several of those testifying thanked the legislators for responding to the public and backing away from the proposed sweeping changes to the FOIA. Most also expressed support for measures that protect the governor and her family (and future governors).

Some testimony cited the exemptions for security-related information as being too broad, including specific costs related to travel, as well as identifying individuals making trips with the governor. The bill’s clause making the exemptions retroactive to June 21, 2022, also drew opposition.

One significant occurrence at the close of the hearing came when Sen. Clarke Tucker (D-Little Rock), a major legislative supporter of the FOIA, said he would vote for the bill. He does remain concerned that exemptions in the bill are too broad. He did express trust in the Arkansas State Police in its plan to provide needed security for the governor and her young family, adding that he would feel the same way if it related to his family. Sen. Tucker also said that, because “I want to be a man of my word,” he would support action that protected the current transparency law as is, while focusing only on the security-related measures.

Shortly thereafter, the committee voted unanimously to move the bill to the Senate floor, where it passed 28-3. The House measure also was moved out of its State Agencies Committee in a Wednesday afternoon vote.

See FOIA page 5

A Greater Voic e

AMPLIFYING THE POWER OF THE PRESS.

Bank OZK proudly supports the Arkansas Press Association (APA) and its vital mission to nurture Arkansas newspapers with the knowledge and resources they need to grow and thrive. As one of the state's most esteemed professional associations for 150 years, the APA has been a powerful voice for freedom of the press. By connecting our communities through authentic and impactful content, we can unlock even greater possibilities.

MEDIA INQUIRIES

Michelle Rossow

Chief

Communications

O cer

michelle.rossow@ozk.com | (501) 471-8475

Moore

Continued from page 1

“You, Me, and Whiskey,” his duet with Priscilla Block, follows in the footsteps of his 11th No. 1 hit, “With A Woman You Love,” from his seventh and latest album, Stray Dog, released in May of this year. Moore began performing during his junior year of high school. After graduating, he joined his uncle’s Southern rock band and moved to Nashville, Tennessee, in 2002. His solo career was launched in 2009 with the release of his first LP, Justin Moore, which topped out at No. 3 and was certified RIAA Platinum. Then followed a string of No. 1 albums: 2011’s Platinum album Outlaws Like Me, 2013’s Gold album Off the Beaten Path and 2016’s Kinda Don’t Care. Moore reached double-digit chart success with his 10th No. 1, “We Didn’t Have Much,” from his sixth album, 2021’s Straight Outta The Country.

Over his career his other singles include the No. 1 hits “Point At You,” “Small Town USA”, “If Heaven Wasn’t So Far Away”, “Til My

Last Day,” “Lettin’ the Night Roll,” “You Look Like I Need a Drink,” “Somebody Else Will, “The Ones That Didn’t Make It Back Home” and “Why We Drink” and the Top 10 hits “Backwoods” and “Small Town Throwdown” with Brantley Gilbert. “If Heaven Wasn’t So Far Away” also won top Mainstream Inspirational Country Song and Inspirational Video at the 2011 Inspirational Country Music Awards. Currently touring in support of Stray Dog, Moore has shared the stage with the likes of Hank Williams Jr., Brad Paisley and Miranda Lambert. In addition to his duties at The Buzz, a role he took upon the retirement of “The Outlaw” Tommy Smith in December 2021, he also hosts the Justin Moore Podcast, interviewing guests such as Oscar award-winning actor Matthew McConaughey, country music stars Tracy Lawrence, Jon Pardi and Brantley Gilbert, wrestling champion Diamond Dallas Page and ESPN’s Marty Smith

Also to be honored at the gala are:

• APA Distinguished Service Award -- Arkansas DemocratGazette Senior Editor and Columnist Rex Nelson.

• APA Distinguished Service Award – longtime journalist and recently retired editor of the Northwest Arkansas Democrat-Gazette Rusty Turner

• Golden 50 Service Award (more than 50 years in the newspaper industry) –Independent Columnist and Correspondent for the Arkansas Democrat-Gazette Mike Masterson

• APA Freedom of Information Award –

presented posthumously to Gov. Winthrop Rockefeller for his support of freedom of information and his signing of the Arkansas Freedom of Information Act into law in 1967. The award will be accepted by Rockefeller’s family, including William Rockefeller and Winthrop P. Rockefeller, Jr.

David Bazzel, a former Arkansas Razorback linebacker and radio personality responsible for the famed Golden Boot trophy, will serve as the master of ceremonies. Amorel native Marybeth Byrd, a 2019 “The Voice” semifinalist and 2023 “American Idol” top10 contestant, will provide entertainment.

Visit arkansaspress. org/gala for tickets.

Proceeds from the event will benefit the Arkansas Newspaper Foundation, a 501(c)(3) nonprofit organization.

David Bazzel

Marybeth Byrd

Rex Nelson

Rusty Turner

Gov. Winthrop Rockefeller

Mike Masterson

Continued

The full House voted 82-15 Thursday morning to adopt the mirroring House and Senate FOIA bills. The legislation then was signed by Gov. Sanders, ending the special session.

“I am so proud of the press association for its successful fight to defeat efforts to gut the FOIA,” said John Tull, attorney for the APA and one of the state’s foremost experts on the state’s transparency laws. Tull testified against Senate Bill 9 during the Tuesday

hearing.

“When the session began legislators were confident they had the votes, and but for the fight led by the APA and joined by the broadcasters and numerous private citizens from across party lines, our FOIA would no longer provide the transparency Arkansans deserve,” Tull added.

APA executive director Ashley Kemp Wimberley expressed gratitude to those who worked with the organization in

its fight against the wholesale threat to government transparency, noting that the major sections from the original bill that would have gutted the FOIA were removed.

“This week I witnessed bold legislators on both sides work pragmatically to retain three major pieces of Arkansas FOIA,” Wimberley said. “Controversial legislation rarely leaves either side with exactly what they want. I am immensely proud of what was accomplished.”

Marsh named editor of Madison County Record

Dan Marsh is the new editor of the Madison County Record in Huntsville, the newspaper announced recently.

Marsh replaces Rod Harrington, who retired August 17.

Marsh most recently served as the managing editor at the Greenwood Commonwealth in Greenwood, Mississippi. Prior to that he worked for several years in marketing and public relations at Southern Arkansas University in Magnolia. A native of Arkadelphia, Marsh attended Henderson State University and SAU.

“I want to continue doing what Rod Harrington has done in his tenure,” said

Marsh in a column announcing his new role. “Rod leaves some awfully big shoes to fill. He is, was, and will always be a terrific journalist, so I know that I’ve got my work cut out for me.

“My task is to bring everything I’ve learned about journalism up to now – 33 years’ worth – to Huntsville and put it to work for our subscribers and advertisers, casual readers and devoted followers.”

Connecting People and Communities

Dan Marsh

National Newspaper Week set for Oct 1-7

APA takes nationwide lead on content for annual celebration of industry.

This year’s theme, “In Print. Online. For You. #NewspapersYourWay” celebrates the evolution of newspapers and the fact that newspaper readers are from all generations, community leaders and voters.

The 2023 campaign, developed by APA, includes print ads, social media ads and web ads, all of which were developed from data derived from the Coda Ventures nationwide study conducted for America’s Newspapers earlier this year.

Columns and editorials by Sonny Albarado of the Arkansas Advocate, Benjy Hamm of the Institute for Rural Journalism, Brenda Looper of the Arkansas Democrat-Gazette, Eric Meyer of the Marion County Record in Kansas and Dean Ridings of America’s Newspapers as well as editorial cartoons by Pat Byrnes, John Deering, Joe Heller, Clay Jones and Jeffrey Koterba are also available for newspapers to download and republish at no charge.

Please plan to celebrate National Newspaper Week by downloading these materials from nationalnewspaperweek.com and devoting as many column inches as possible to reinforce the importance of your newspaper to your communities, and also by sharing the message on your social media platforms over the course of the week.

Additionally, make the message local by editorializing about your newspaper’s unique relevance. This can be about your duties as government watchdog, your coverage of community events, publication of timely public notices, etc.

“Newspapers inform, enlighten and bring communities together. They are more accessible now than ever before,” said Ashley Kemp Wimberley, APA executive director and 2023 NNW chair.

“While APA and its members celebrate newspapers every single day, National Newspaper Week gives us an opportunity to tell others just how relevant and powerful newspapers are. With so much content available this year, we encourage newspapers to publish the ads, editorials and cartoons early and often.”

Since 1940, Newspaper Association Managers has sponsored and supported National Newspaper Week, an annual week-long promotion of the newspaper industry in the United States and Canada. Learn more at nammembers.com.

EVERY GENERATION READS NEWSPAPERS

From Gen Z to the Silent Gen, every generation consumes newspaper content. Newspapers have evolved to deliver news your way.

Cherokee Village, Salem newspapers announce merger, name change

CherryRoad Media announced last week that The Villager Journal is merging with its sister publication, The News at Salem, with all operations to be based from the Salem office.

The new publication debuted September 13 under its new name, Areawide News. The name is a nod to Areawide Media, the publishing company name under which the two newspapers have been produced for

decades, and its shopper publication, Areawide Record, which will continue to publish unchanged.

“The news content will remain the same…it will be a one-stop-shop for all news regarding Fulton, Sharp and Izard Counties,” said Editor Vincent Marshall in the announcement of the merger and name change.

The Villager Journal has been published at Cherokee Village in Sharp County since 1955. Another newspaper, the Spring River Chronicle, has been published at Hardy since 2011 and also covers the area.

The Areawide News is expected to be 16 pages weekly, with at least two sports pages. Its new website is areawidenews. com.

New K-12 education news platform, Chalkboard News, launched

news surrounding education, rather than confusion, and approaches news coverage from the standpoint that every American is a stakeholder in education.

system will find straight-talk, commentaryfree news that informs them of real issues that impact their families, livelihoods and communities.

The 501(c)(3) nonprofit Franklin News Foundation, which publishes The Center Square newswire, has launched a complimentary brand, Chalkboard News, which will deliver fact-based news coverage related to public K-12 education.

As a nonprofit news organization, Franklin’s taxpayer-centered news reporting has now expanded to include a bureau dedicated to news in the education sphere, with the mission of demystifying education policy, curriculum, and spending. Chalkboard News has arisen out of the unmet need for nonpartisan coverage that brings clarity to

“Education systems are best when they are designed to serve the student and where the education of the student is the foremost concern,” said Chris Krug, president and publisher at Franklin News Foundation.

“For many, it was not until COVID-19 lockdowns made public K-12 education available for parents to see that they understood what their children were learning. Chalkboard News was launched to maintain this level of transparency in the days post COVID-19.”

Through Chalkboard News, parents, teachers and stakeholders in the education

“Schools and the conversations in K-12 encapsulate so much of the American experiment,” said Brendan Clarey, K-12 editor at Chalkboard News. “It’s exciting to dive into issues that profoundly concern future generations.”

As with all of Franklin’s publications, the stories produced by Chalkboard News will be available for republication free of charge. Republication guidelines can be found at chalkboardnews.com/about/ republishing-guidelines/

Visit ChalkboardNews.com for more information.

Nominations now open for E&P’s 2023 Publisher of the Year

Editor & Publisher, the trade magazine for the news industry, is seeking nominations for its 2023 Publisher of the Year.

Described as “a news leader who has risen above the rest,” the 2023 Publisher of the Year will be honored in the November issue of E&P.

“We are looking to honor a publisher who has risen above the rest and accomplished what seems like the impossible, outmaneuvering the competition, outthinking the future and maintaining profitability,” said the magazine.

“The accelerating pace of change in today’s information age requires a greater need for effective leadership. A successful leader must not only strategize from the trenches with practicality and realism, but also think with foresight and imagination.”

Former Arkansas Democrat-Gazette Publisher Walter E. Hussman, Jr. received the honor in 2008.

Submit your nomination for Publisher of the

Year at https://www.editorandpublisher. com/stories/eps-2023-publisher-of-theyear-nominations-are-now-open,234649 by Friday, September 29 at 11 p.m.

Back in my ad agency days, I worked with a real estate client on a series of customer testimonials. We started with one, then added another and another. The final count was more than a dozen, which kept the campaign fresh and gave us a lot of flexibility.

The plan was to run smaller ads with one testimonial, and then to place three small testimonials at the top of weekly, full-page ads which featured descriptions of houses for sale. The ads attracted attention from prospective buyers and sellers (many of whom recognized their neighbors) and the company’s agents (who were proud when their clients were featured). One testimonial photo and quote featured a South Korean couple who had relocated to the area, when one spouse’s high tech employer moved a number of executives to North Carolina from that country. The quote appeared in Korean, which appealed to others who were relocating with the same company, in addition to attracting a lot of attention on the page.

This strategy gave us more mileage than a campaign with two or three testimonials, because there were so many different combinations. If you’d like to try something similar, here are the steps to take:

Guest Column: Get more mileage out of testimonials

By John Foust

1. Select the right testimonial subjects. Your advertiser can make the choices. Go for variety: some individuals, some couples, and some international customers, if possible. In the case of real estate, balance testimonials between home buyers and sellers.

2. Get the right testimonial quotes. You can coach your advertiser on how to do this. Keep the quotes brief, with a target of 10 to 20 words. The quotes can be obtained by phone or email, or even in person. Make sure the subjects understand that their comments may be edited slightly for brevity.

3. Be specific. A testimonial ad is a way to convey selling points about the advertiser. As a result, it’s important to ask questions to direct answers in the right direction –and to create a variety of statements. “XYZ’s service team responds quickly to calls. I can always count on them” is more informative than “The XYZ Company is great. I really like them.” The next quote can focus on something other than service – product selection, for example.

4. Photos are a must. Taking photographs has gotten simpler with each year. It’s okay to use your phone. Headshots are best. Clean, uncluttered backgrounds provide

better ad reproduction.

5. Get signed releases. Depending on the laws in your area, make sure you have the proper permission to use each testimonial. Release forms can be found online.

6. Establish a rotation. Be flexible. The more testimonials you have, the greater the possibilities – some ads with one testimonial, some with multiple testimonials.

7. Thank (but do not pay) your testimonial subjects. Unpaid testimonials from real customers have the ring of authenticity. Your advertiser should send a nice letter, along with their photo (preferably 5x7) and a copy of an ad in which they appeared. It’s another chance for your advertiser to strengthen their relationships with clients.

(c) Copyright 2023 by John Foust. All rights reserved.

John Foust has conducted training programs for thousands of newspaper advertising professionals. Many ad departments are using his training videos to save time and get quick results from in-house training. Email for information: john@johnfoust.com