Brief Update on the Entergy / Arkansas Democrat-Gazette Matter

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Cite

Volokh, E. (2026, September 6). Brief Update on the Entergy / Arkansas Democrat-Gazette Matter. Reason. https://reason.com/volokh/2026/09/03/brief-update-on-the-entergy-arkansas-democrat-gazette-matter/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

Reason · collected 2026-09-06 · by Eugene Volokh

Quick Summary

A federal court matter involving Entergy and the Arkansas Democrat-Gazette is being updated: Plaintiff has decided not to pursue preliminary injunctive relief in its case, which involves amending its complaint. Documents filed by Entergy were sealed in error, but are now set to be unsealed. This development reveals that the plaintiff's initial brief failed to address a key First Amendment issue.
Written locally by qwen2.5:14b on 2026-09-06, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

Here are 9 sentences summarizing the news story:

Entergy Arkansas LLC, a data center construction company, had sought a temporary restraining order (TRO) against the Arkansas Democrat-Gazette Inc., a newspaper, to prevent it from publishing alleged trade secrets related to the company's plans. However, Judge Lee Rudofsky denied the TRO, citing the First Amendment as a reason for doing so. The judge stated that even if the press defendants had violated federal and state trade secrets provisions, the First Amendment would preclude the TRO. This means that the newspaper is free to publish the information it received about the data center plans. Entergy Arkansas LLC had initially sought the TRO after a citizen had obtained the alleged trade secrets from the Arkansas Public Service Commission and sent them to the newspaper. However, in an earlier development, it was revealed that the court had inadvertently sealed certain documents related to the case, which have since been unsealed. The plaintiff's brief in support of the TRO motion did not address the First Amendment implications of the lawsuit, despite being obvious. The Arkansas Democrat-Gazette has been allowed to publish the information, and this ruling is significant for freedom of the press. This decision demonstrates that even if a company may have leaked confidential information, it does not give them the right to silence the press from publishing it.

Written for “Entergy Data Center Lawsuit” on 2026-10-22, grounded in this article and the 1 other(s) covering the same event.

Story

📰 Entergy Data Center Lawsuit
Crime & Law · 2 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads leans right and hedges 0% of its claims. Each row says how that neighbour differs.
Reason
⚖️ leaning not scored 🔴 17% hedged 12 of 71 📰 publisher trust 67
“Both articles refer to the same lawsuit, Entergy Arkansas LLC v. Arkansas Democrat-Gazette Inc., and the same court documents being sealed/unsealed, indicating they are reporting on the same specific incident.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
6
sentences that state something as happening or true
Uncertain
0%
0 of 6 hedged ("reportedly", "may", "according to")
Leaning
Leans right
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-09-06 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 864 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
156 article(s) here · 1 carrying a prediction
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🔮 The reality is that our en banc court is often unable or unwilling to fix things at odds with Supreme Court precedent.
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From a press release last month, just posted on Westlaw: N.C. Detective Agency, a Durham-based security company, will pay $65,231 in compensatory damages and back pay, and take other corrective actions to voluntarily resolve a religious discrimination investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
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🔮 Some colorful lawyer wisdom (see, e.g., Dunn v. U.S.(5th Cir. 1962)); I found versions of this in newspapers going back to 1931, though it may have been a familiar phrase even then.
🔮 The dictionary definition of "refuse" cited by Nunes includes this meaning: "to show or express an unwillingness to do or comply with."
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Also by Eugene Volokh
Open Thread
2026-10-22 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 156 articles by Eugene Volokh →

Topics

Entergy First Amendment

Subjects

Entergy ORG · 1×

Narrative

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From the docket this morning; for more on the case, see here and here (the latter item notes the sealing, and expresses the now-realized hope that "the motion will be unsealed at some point soon"): Via email, Plaintiff has informed the Court that it will not be pursuing preliminary injunctive relief….
framing: assertive · carried by 1 article(s) · first seen 2026-09-06
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From the docket this morning; for more on the case, see here and here (the latter item notes the sealing, and expresses the now-realized hope that "the motion will be unsealed at some point soon"): Via email, Plaintiff has informed the Court that it will not be pursuing preliminary injunctive relief….
2026-09-06 · Reason
Brief Update on the Entergy / Arkansas Democrat-Gazette Matter · assertive framing

Claims (6 extracted, 0 hedged)

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From the docket this morning; for more on the case, see here and here (the latter item notes the sealing, and expresses the now-realized hope that "the motion will be unsealed at some point soon"): Via email, Plaintiff has informed the Court that it will not be pursuing preliminary injunctive relief…. asserted
it → see → relief
Plaintiff has also indicated an intent to amend its Complaint…. asserted
Plaintiff → indicate → Complaint
Finally, it appears that the Clerk sealed the documents filed by Entergy in error …. asserted
Clerk → appear → error
Docs. 2, 3, and 4 should be unsealed. asserted
. → unseal → ?
Plaintiff has confirmed that it never intended for these documents to be sealed in the first place. asserted
documents → confirm → place
The unsealing reveals that the plaintiff's brief in support of the TRO motion didn't even discuss the First Amendment elephant in the room, even though it was pretty obvious that the judge would recognize that a lawsuit seeking to restrain a newspaper's publication would raise such an issue. asserted
lawsuit → reveal → issue
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