A federal court is deliberating whether to restrict Arkansas newspapers from publishing details of a major energy agreement between Entergy Arkansas and Google. The case involves significant First Amendment implications and challenges to the state's Freedom of Information Act (FOIA).
The Arkansas Democrat-Gazette reported this week that Google plans to inject $526 million into Entergy's $1.6 billion Cypress Solar project in Jefferson County. The solar and battery plant will supply power to Google’s West Memphis data center, with energy deliveries beginning in February 2027. The deal reportedly includes a $2 billion termination fee and could scale up to a demand of 600 megawatts.
The Democrat-Gazette obtained records of the agreement through the Arkansas FOIA after Jessica Kivell, a nurse in central Arkansas, requested them from the Public Service Commission. However, Entergy contends the records were released in error and contain proprietary trade secrets. The utility has since demanded the destruction of the records and has taken legal action to block further reporting on the matter.
According to filings, Entergy asked U.S. District Judge Lee Rudofsky to prohibit the Democrat-Gazette and the Arkansas Times from sharing more details of the deal and to compel both outlets to remove previously published information. Legal experts note this type of request, referred to as “prior restraint,” is a rare and significant challenge to press freedom.
The Arkansas Advocate reported that Rudofsky held a three-and-a-half-hour hearing on Tuesday to hear arguments. Portions of the hearing occurred behind closed doors, excluding reporters from the courtroom. While the judge has not issued a ruling, he expressed both skepticism of Entergy’s request and concerns about its First Amendment implications.
The documents in question revealed that Arkansas residential customers began paying an additional $5.77 per month in June to help finance three new projects, including Cypress Solar. Public Service Commission staff had reportedly discussed whether Google’s payments appropriately offset costs for ordinary ratepayers, a concern central to the public interest in the case.
Entergy’s own spokesperson previously stated that Google is paying its full cost of service under the agreement, raising additional questions about the need to shield the documents. Critics argue suppressing this information would undermine transparency in public utility contracts, particularly as Arkansas communities face rising energy costs tied to data centers and other power-intensive developments.
First Amendment protections against government restrictions on publication were famously upheld in 1971 when the U.S. Supreme Court allowed the publication of the Pentagon Papers, considering such attempts to block speech an extreme and unconstitutional measure.
For now, the case rests with Judge Rudofsky, whose decision could have sweeping consequences for FOIA transparency, public accountability, and press freedom in Arkansas.