Entries - Entry Category: Laws and Court Cases

Aaron v. Cooper

aka: Cooper v. Aaron

Aaron v. Cooper, reversed by the Court of Appeals for the Eighth Circuit and affirmed by the U.S. Supreme Court as Cooper v. Aaron, was the “other shoe dropping” after Brown v. Board of Education of Topeka, Kansas declared school segregation unconstitutional but did not lay out any clear guidelines for how to proceed with desegregation. The Supreme Court’s opinion in Cooper v. Aaron sent a message to segregated school districts nationwide that the Supreme Court would not tolerate attempts to evade or obstruct integration. The intervention of the executive branch in sending federal troops to Little Rock (Pulaski County) underscored the supremacy of the federal Constitution over state law and, arguably, added to the Court’s power and prestige. For …

Act 10 of 1958 [Affidavit Law]

A special session of the Arkansas General Assembly passed Act 10 in 1958 as one of sixteen bills designed to bypass federal desegregation orders stemming from the desegregation of Little Rock Central High School. The measure required state employees to list their political affiliations from the previous five years. Ostensibly, the act would root out subversives and other enemies of the state, but the underlying purpose was to expose National Association for the Advancement of Colored People (NAACP) members on state payrolls so that they could be fired under Act 115, a law that forbade public employment of NAACP members. Pulaski County senator Artie Gregory designed the measure to root out subversives in the state’s educational institutions, but Governor Orval …

Act 112 of 1909

aka: Anti-Nightriding Law
aka: Anti-Whitecapping Law

Act 112 of 1909 was a law designed to curb the practice of nightriding or whitecapping, terms that encompass a range of vigilante practices typically carried out for 1) the intimidation of agricultural or industrial workers, typically by poor whites against African Americans, with the hope of driving them from their place of employment and thus positioning themselves to take over those jobs, or 2) the intimidation of farmers or landowners with the aim of preventing them from selling their crops at a time when the price for such was particularly low, done with the hope of raising the price for these goods. As such acts of vigilantism began to threaten the profits of landowners and industrialists, nightriding was prosecuted …

Act 115 of 1959 [Anti-NAACP Law]

In 1959, the Arkansas General Assembly passed Act 115 as one of sixteen bills designed to bypass federal desegregation orders stemming from the desegregation of Central High School. Act 115 outlawed state employment of National Association for the Advancement of Colored People (NAACP) members. Coupled with Act 10, a law designed to expose NAACP members on state payrolls by requiring state employees to list their political affiliations, Act 115 effectively punished the leaders of the desegregation effort in Little Rock (Pulaski County). Arkansas attorney general Bruce Bennett proposed the bill as part of a package of legislation that would “throw consternation into the ranks” of the NAACP, a group Bennett considered to be subversive. He hoped this package would keep …

Act 1220 of 2003

aka: Childhood Obesity Act

Act 1220 of 2003, which launched comprehensive efforts to curb childhood obesity in Arkansas, established one of the nation’s first statewide, school-focused initiatives to help children reach and maintain a healthy weight. Shaped largely by key legislators, including Senator Hershel Cleveland, with input from state and national public health experts, the act passed through the Arkansas General Assembly with strong support from the House and Senate under the administration of Governor Mike Huckabee. After passage, however, several components of the act faced vocal opposition. Opponents feared the largely unfunded mandates would strain educational and healthcare systems in addition to shaming overweight students. This vocal opposition prompted changes to the act in the years following its passage. Subsequent evaluation of Act …

Act 151 of 1859

aka: Act to Remove the Free Negroes and Mulattos from the State
aka: Arkansas's Free Negro Expulsion Act of 1859

The Arkansas General Assembly passed a bill in February 1859 that banned the residency of free African-American or mixed-race (“mulatto”) people anywhere within the bounds of the state of Arkansas. In 1846, the Statutes of Arkansas had legally defined mulatto as anyone who had one grandparent who was Negro. Free Negroes were categorized as “black” in the 1850 U.S. Census, so historians have adopted the term “free black” to refer to Negroes or mulattoes who were not enslaved. On February 12, 1859, Governor Elias N. Conway, who had supported removal, signed the bill into law, which required such free black people to leave the state by January 1, 1860, or face sale into slavery for a period of one year. …

Act 250 of 2021

aka: Stand-Your-Ground Law

On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called “stand-your-ground” bill. This bill eliminated the “duty to retreat” prior to the use of physical force, even lethal force, in an act of alleged self-defense. Such laws, often called “shoot first” laws by their critics, have been highly controversial, being linked in some studies to increased murder rates in those states that passed them.  Modern “stand-your-ground” legislation has its genesis in 2005 in the state of Florida and swiftly spread to some twenty-five other states by 2020, supported by the National Rifle Association and the American Legislative Exchange Council. Each of Arkansas’s neighboring states passed such legislation years before Arkansas did. A review of gun death statistics by the Arkansas Democrat-Gazette in 2021 found that, in all but one of Arkansas’s …

Act 258 of 1909

aka: Toney Bill to Prevent Lynching

Act 258 of 1909 was a law intended to prevent citizens from engaging in lynching. It was not, strictly speaking, a piece of anti-lynching legislation, as it imposed no punishment for the crime of lynching. Instead, it aimed to expedite trials relating to particular crimes in order to render what would likely be a death penalty verdict to mollify the local population enough that they would not take the law into their own hands. Such a law as Act 258 is indicative of the connection between lynching and the modern death penalty observed by some scholars; as Michael J. Pfeifer noted in his 2011 book, The Roots of Rough Justice: Origins of American Lynching, legislators across the nation “reshaped the …

Act 38 of 1971

Act 38 of 1971, which reorganized sixty state government agencies into thirteen cabinet-level departments, was the culmination of reform efforts that had begun during the administration of Governor Winthrop Rockefeller but were only achieved under Governor Dale Bumpers, who was widely credited with the successful passage of the measure. Bumpers described the act, which was designed to increase the economy and efficiency of state government, as the most vital part of his legislative program. As the first general reorganization of state government in the twentieth century, Act 38 was hailed for simplifying state operations and curbing graft. Prior to Act 38, the governor had little authority to dismiss uncooperative or corrupt agency heads, who served at the pleasure of their …

Act 401 of 1951

aka: Communist Registration Act

Also called the Communist Registration Act, Act 401 was approved in March 1951 during the tenure of the Fifty-eighth Arkansas General Assembly. It was subtitled “An Act to Require Members of Certain Organizations Advocating the Unconstitutional Overthrow of the United States or of the State of Arkansas to Register With the State Police.” Ostensibly directed against members of the Communist Party USA (CPUSA) and affiliated organizations, Act 401 was passed in the context of the Second Red Scare following World War II. Act 401 did not emerge in a political vacuum, nor was this law unprecedented in Arkansas history. Act 401 was consistent with federal, state, and local legislation against “subversive organizations.” The law joined a long line of federal …

Act 626 of 2021

aka: Save Adolescents from Experimentation Act
aka: HB 1570

Act 626 of 2021 was the first ever bill passed in the United States to outlaw any gender-affirming medical treatment for persons under eighteen years of age. It became law over the veto of Governor Asa Hutchinson on April 6, 2021, attracting national and international criticism of the Arkansas legislature. Groundbreaking though the bill was, it was but one of many passed during the 2021 Arkansas General Assembly that specifically targeted trans citizens, and Arkansas was one of more than thirty states in 2021 in which Republican Party legislators introduced such bills. On June 20, 2023, a federal judge struck down the bill. House Bill 1570, dubbed the “Save Adolescents from Experimentation Act,” was written by Representative Robin Lundstrum of Elm Springs (Washington and Benton counties) and introduced into the …

Act 710 of 2017

aka: Anti-BDS Law

Act 710 of 2017 prohibits the state from contracting with, or investing in, companies that “boycott Israel.” The law was passed at a time when the BDS movement (boycott, divestment, sanctions) was gaining increasing success internationally, sparking a backlash, especially in the United States, a country with significant military and economic ties to the nation of Israel, as well as a large population of evangelical Christians who believe that American support for Israel is necessary for advancing the Second Coming of Christ. The BDS movement formally originated in 2005 as part of the Palestinian-led resistance to Israel’s occupation of Palestinian territory. The movement was inspired by similar actions taken internationally against the apartheid regime of South Africa and sought to …

Act 76 of 1983

aka: Teacher Testing Law

Act 76 of 1983 was a law passed by the Arkansas General Assembly mandating that practicing teachers had to take a series of tests in order to continue to hold their teaching license. Passed during a special session of the legislature, the law was part of a package of education reforms championed by Governor Bill Clinton. Some teachers’ unions and other teachers’ organizations opposed the implementation of the law, leading to a public debate about the impact of the law. The implementation of the act made Arkansas the first state in the nation to test teachers after their entrance into the education field. The complete title of the act is “An act to require teachers, counsellors, administrators, and certified personnel …

Act 910 of 2019

aka: Transformation and Efficiencies Act of 2019

Act 910 of 2019 was a piece of signature legislation for Governor Asa Hutchinson, who sought to reduce the size of Arkansas state government and the number of agency heads reporting directly to the governor. In state government, an agency designated as a “department” is typically headed by a secretary who is appointed by the governor as part of the cabinet. Many of the changes brought about by Act 910 involved departments becoming “divisions,” such as the Arkansas Department of Environmental Quality (ADEQ) becoming the Division of Environmental Quality within the new Department of Energy and Environment. Hutchinson looked to Act 38 of 1971, the last large-scale reorganization of Arkansas state government, which consolidated sixty state government agencies into thirteen. …

Act 911 of 1989

aka: Arkansas Conditional Release Program

Act 911 of 1989 pertains to the evaluation, commitment, and conditional release of individuals acquitted of a crime when found Not Guilty by Reason of Mental Disease or Defect. The evaluation process, completed by a certified forensic psychologist or psychiatrist, assesses the defendant’s fitness to proceed to trial and, if the defendant is found fit to proceed, mental state at the time of the crime. If the defendant is found not fit to proceed, the proceedings against the defendant are suspended, and the court may commit him/her for detention, care, and treatment at the Arkansas State Hospital (ASH) until restoration of fitness to proceed. Once fit to proceed, a re-evaluation includes an assessment of mental state at the time of …

Act 975 of 2015

aka: Religious Freedom Restoration Act

The Arkansas Religious Freedom Restoration Act (SB975 of the 2015 regular legislative session) was passed overwhelmingly by both houses of the Arkansas General Assembly and signed into law as Act 975 by Governor Asa Hutchinson. It closely aligns Arkansas law with the federal Religious Freedom Restoration Act (RFRA) of 1993. Under the legislation, any governmental action in Arkansas that is a “substantial burden” to an individual’s free exercise of religion may only stand if it furthers a “compelling governmental interest” in the “least restrictive” manner possible. Like the federal RFRA, the Arkansas RFRA was meant to return to the “balancing test” established by the U.S. Supreme Court in Sherbert v. Verner (1963) but overturned in the 1990 Employment Division v. …

Adverse Possession

Cornell Law School defines adverse possession as “a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.” Establishing or settling a title to certain real property (generally fixed property like land and buildings) often requires meeting all of certain specific factual requirements. That certainly is the case in Arkansas when the method for settling a title is application of the concept of adverse possession. Adverse possession cases often involve boundary line disputes or encroachments. The list of requirements for establishing title …

Albert Krantz v. City of Fort Smith

aka: Krantz v. City of Fort Smith

Albert Krantz v. City of Fort Smith was a 1998 decision by the Eighth Circuit Court of Appeals concerning the distribution and posting of flyers and leaflets. In a ruling informed by the First Amendment’s protection of freedom of expression, the Court of Appeals deemed unconstitutional town ordinances enacted by Alma (Crawford County), Dyer (Crawford County), Fort Smith (Sebastian County), and Van Buren (Crawford County) prohibiting the leafletting of vehicles parked in public spaces. The case originated with the arrests of Albert Krantz and other members of the Twentieth Century Holiness Tabernacle Church after they left religious leaflets under the windshield wipers of vehicles parked in public parking areas in Alma, Dyer, Fort Smith, and Van Buren in the early …

Amendment 33

Amendment 33 was the first of three constitutional amendments ratified by voters in the decade after the beginning of World War II to try to curb political interference with large government agencies and institutions. It prohibited the governor and the Arkansas General Assembly from diminishing the powers of state agencies and institutions, as well as from interfering with their governing boards by dismissing members before their terms expired or increasing or reducing the membership of the boards. The amendment, ratified in 1942, followed Governor Homer M. Adkins’s purging of the board of the University of Arkansas (UA) in Fayetteville (Washington County) in order to fire the university’s president J. William Fulbright, who was the son of a political foe of …

Amendment 44

aka: Interposition Amendment

On November 6, 1956, Arkansans voted to adopt an amendment to the state constitution that would allow Arkansas law to supersede federal law. The “interposition” amendment, as it was called, was in response to the looming integration of Arkansas schools. Similar amendments were adopted across the South after the 1954 Brown v. Board of Education of Topeka, Kansas decision that declared public school segregation unconstitutional. Although the idea of interposition gained popularity in 1954, the precedence for the argument can be traced back to the Virginia and Kentucky Resolutions put forth by James Madison and Thomas Jefferson in 1798 and 1799. James D. “Justice Jim” Johnson, an Arkansas politician from Crossett (Ashley County), first presented the idea of an interposition …

Amendment 59

aka: Taxation Amendment

Amendment 59 was an amendment to the Arkansas Constitution, ratified by voters overwhelmingly in 1980, that overhauled the system of valuing and taxing private property. It quickly became known for its bewildering complexity—an Arkansas Supreme Court opinion called it “the Godzilla of constitutional amendments”—and for its damaging effect on the financing of public schools. The amendment and its various interpretations had a major role in the long legislative and judicial battles over school reform and tax reform (as with the court cases Jim DuPree v. Alma School District No. 30 and Lake View School District No. 25 v. Huckabee). The valuing of private property, both real and personal, had long been a divisive issue, owing to the property tax’s role …

Amendments 19 and 20

aka: Futrell Amendments

Amendments 19 and 20 to the Arkansas Constitution, which are commonly referred to as the Futrell Amendments, sharply restricted the ability of the legislature to levy taxes, spend the funds, and incur debt. Ratified in the general election in 1934, the amendments went beyond the laws of any other state in limiting the fiscal powers of the legislature and were supposed to guarantee austere and limited government for posterity. The restrictions on borrowing stated in Amendment 20, which required a statewide popular vote before the state could borrow money for public improvements, were loosened in 1986 by Amendment 65, after the Arkansas Supreme Court handed down a strict interpretation that seemed to outlaw what were known as “revenue bonds,” which the …

Anti-miscegenation Laws

Anti-miscegenation laws were edicts that made it unlawful for African Americans and white people to marry or engage each other in intimate relationships. The measures first appeared in the United States in colonial times and had two functions. First, the laws helped maintain the racial caste system necessary for the expansion of slavery and the idea of white supremacy. If white masters took slave women as lovers and fathered children by them, anti-miscegenation laws ensured that the children remained slaves because the illicit nature of the relationships left biracial children with none of their father’s free status. Second, anti-miscegenation statutes gave white men greater power to control the sexual choices of white women. In the colonial period, white patriarchs used …

Antitrust Laws and Lawsuits (Progressive Era)

Antitrust laws and lawsuits against monopolistic corporations were major features of both state and national politics before World War I during the Progressive Era. Popular concern in Arkansas about corporate wrongdoing became part of third-party agrarian political agendas in the 1880s. The state’s Agricultural Wheel president, Lewis P. Featherstone, introduced an antitrust bill in the 1887 session of the Arkansas General Assembly aimed at the American Cotton Oil Trust. Antitrust measures in other states, especially in the Midwest, led the U.S. Congress to enact the Sherman Antitrust Act of 1890 to catch up with state lawmaking. However, an effective antitrust law was not adopted in Arkansas until 1899, only after agrarian concerns became shared by urban, middle-class citizens. During the …

Arkansas Blood Labeling Bill

aka: HB 385

On April 2, 1959, Governor Orval E. Faubus signed HB 385 (Blood Labeling Bill) into law, requiring blood banks to label the donor’s race. The bill was introduced by N. B. Murphy of Ashley County, who later called for the repeal of the bill in 1969. Faubus claimed the law would ease the minds of the “great majority” who feared transmission of sickle-cell anemia through blood transfusions. Despite thorough medical research stating that sickle-cell anemia cannot be spread through blood transfusions and knowing “it is hereditary, and can be transmitted from one person to another only by intermarriage which results in the birth of children,” Faubus and the “great majority” believed there was “always room for error” and that the …

Arkansas Cannon, Seizure of

aka: United States v. Six Boxes of Arms

This court case involved the seizure of a cannon in the North intended for a state in the South on the cusp of secession and, thereby, epitomized the political and military tensions that characterized the final months of sectional breakdown prior to the Civil War. The decision rendered in this case also established an important legal precedent in relation to lawful seizure of property and the retention of legal ownership with war on the horizon. On February 15, 1861, William J. Syms and Samuel R. Syms of the New York City munitions supply firm of W. J. Syms and Brother contracted with the State of Arkansas for an order of munitions to be delivered in two parts in early April. …

Arkansas Civil Rights Act of 1993

aka: Act 962 of 1993

The Arkansas Civil Rights Act (ACRA) was the first civil rights act in Arkansas covering discrimination based on race, religion, national origin, gender, or the presence of any sensory, physical, or mental disability. The passing of this act, Act 962 of 1993, was the culmination of the work of the Governors’ Task Force on Civil Rights, which was formed in 1991 by Governor Bill Clinton. The legislation was sponsored in the Arkansas Senate by Senator Bill Lewellen. In the early 1990s, most Arkansans reportedly did not feel that it was necessary to have a civil rights bill. However, Arkansas was one of only a few states at the time lacking such a law. Consensus was that the bill was passed …

Arkansas Freedom of Information Act

aka: Freedom of Information Act
aka: FOIA

The Arkansas Freedom of Information Act (FOIA), signed into law by Governor Winthrop Rockefeller on February 14, 1967, is generally considered one of the strongest and best models for open government by investigative reporters and others who research public records for various purposes. The intent of the FOIA is to keep government business and government records open and accessible to the people of Arkansas. The Arkansas FOIA has been called “the people’s law” in that it provides the citizens of Arkansas open access to the conduct of the public’s business at every level of government, as well as ready access to public records on file with a host of custodians for those records in county courthouses, city halls, public schools, …

Arkansas Married Woman’s Property Law

Under the common law that prevailed in all American jurisdictions except Louisiana, once a woman married, all her property passed to her husband. During the nineteenth century, some of the American states began to chip away at what Judge Jno. R. Eakin styled “the old and barbarous common law doctrine.” Arkansas played a leading role in this development; in 1835, Arkansas Territory passed the first law in the nation bestowing on married women the right to keep property in their own names. Two factors influenced the law’s adoption. First, in western areas, men outnumbered women, thus giving the women who were there more power. Second, planters were interested in protecting the bequests made to their daughters from being squandered by …

Arkansas v. Corbit (1998)

There are three cases that may be designated as Arkansas v. Corbit. The case discussed here is the 1998 Arkansas Supreme Court case concerning Randy Corbit, who was arrested for the possession and sale of marijuana, and the subsequent property forfeitures that he faced. Although the case originally appeared insignificant, it ultimately set a groundbreaking new precedent for appeal structure. Randy Corbit, who lived in Phillips County, was under investigation by the First and Third Judicial Districts’ Drug Task Force and, specifically, by Michael Steele, who was a narcotics investigator. On the day of Corbit’s arrest, Steele sent two men, Christopher Jarrett and Edward Knapp, into the store where Corbit worked. These men were charged with the task of purchasing …

Austin v. The State

Slaves in the United States had no legal rights and only limited access to legal protection, so few legal cases in antebellum Arkansas involved African Americans. Even fewer of those cases were ever reviewed by the Arkansas Supreme Court. However, a case in 1854 established a new principle for Arkansas courts that allowed slave owners to testify in criminal cases involving their own slaves. The murder trial of Austin, a slave in Independence County, was appealed to the state’s high court on several procedural issues, one of which was the denial of his owner’s testimony. The court found that such testimony must be permitted, thus throwing out the circuit court’s decision and ordering a new trial. The event that led …

Baptist Health v. Murphy

Baptist Health v. Murphy was an extended legal battle culminating in a 2010 ruling by the Arkansas Supreme Court. Addressing the issue of economic credentialing, and resolving a dispute that had first entered the judicial system in February 2004, the court eventually ruled in favor of a group of doctors whose part ownership in competing hospitals had been deemed a violation of the contracting hospital’s conflict of interest policy, which had resulted in the severance of their association and employment. In its ruling, the court upheld a previously issued permanent injunction, and Baptist Health was permanently prevented from implementing the policy. The genesis of the case was the adoption in May 2003 of the Economic Conflict of Interest Policy by …

Beard v. State (1906)

In 1906 and 1907, a notable case made its way through the courts. An African-American man named Govan Beard was convicted and sentenced to death for assaulting a white woman in Phillips County. When the Arkansas Supreme Court twice denied his appeal, and Governor Jeff Davis refused to pardon Beard even though the alleged victim recanted her claims, the case made it to the U.S. Supreme Court. Govan Beard is most likely the one-year-old boy listed as Eaton Govan Beard in the 1880 census. At that time, he was living in Helena (Phillips County) with his mother, Chana Beard, and four siblings (Peter, George, Mary, and Walter). By 1900, Govan was still living in Helena with his mother and his …

Bell and Swain v. State

aka: Elbert Thomas (Reported Lynching of)

Examination of the cases of Black youths Robert Bell and Grady Swain shines a powerful light on the ordeals encountered by African Americans accused of committing crimes in Arkansas during the years of segregation. If African Americans managed to avoid the extralegal threat of lynching and made it into the criminal justice system at all, they then faced the prospect of law enforcement officials using torture to extract confessions, the racial prejudices of all-white courtrooms and all-white juries, and the fickleness of state politicians and state government. On the afternoon of Thursday, December 29, 1927, sixteen-year-old Robert Bell and fourteen-year-old Grady Swain were playing outside the white-owned store of William Bunge “Bunn” McCollum in Greasy Corner (St. Francis County). Their …

Blue Laws

Arkansas’s first blue laws, also called Sunday-closing laws, were enacted in 1837, only a year after Arkansas’s statehood. Though no blue laws have been in effect since 1982, they influenced the state’s culture and commerce for nearly a century and a half. Blue laws have been part of American history since people began emigrating from Europe, where the laws were common. Virginia established the first blue law in the American colonies in 1610. The First Amendment to the U.S. Constitution forbidding the establishment of religion may have called into question the legality of Sunday-closing laws, but it did not stop nearly all states from adopting them. Historically, courts have ruled that state legislatures could proclaim a weekly day of rest …

Branton v. State

When the U.S. Supreme Court declared in 1944 that Southern states could no longer bar African Americans from voting in party primaries because it violated the U.S. Constitution, Arkansas legislators and Democratic Party officials set about to thwart the expected flood of new voters in the primaries. These steps, including loyalty oaths, produced so much confusion at the polls in 1946 that they were abandoned, and Black voters surged to the polls for the first time in the Democratic primaries of 1948. The white Democratic-led response resulted in the criminal investigation, prosecution, and conviction of a young civil rights advocate who later became one of the South’s most renowned civil rights lawyers. The Arkansas Supreme Court case upholding the conviction …

Burrow v. Pocahontas School District

Arkansas has struggled for much of its history to fund the education of its children—particularly during the Great Depression, when the state found itself unable to pay its debts, match federal aid for such things as food commodities, or pay teachers in order to keep schools open for a full term. At that time and others, the Arkansas General Assembly and the governor, in search of remedies to get through a crisis, enacted laws that seemed at odds with the state and federal constitutions. Disputes over these acts went to state courts and sometimes to the Arkansas Supreme Court. One such case was Burrow v. Pocahontas School District No. 19, in which the Supreme Court upheld a legislative remedy allowing …

Campaign Finance Laws

In the modern era, through a combination of legislation and initiated acts, the state of Arkansas has developed a system of campaign finance laws for state elections. While critics charge that the system has problematic holes within it that allow money to unduly influence policymakers’ decisions, it is a system that is now in the mainstream of American states and is generally strong in terms of the disclosure of campaign contributions and expenditures. Such contributions and expenditures were completely unregulated in Arkansas until the mid-1970s, when an initial campaign finance law was passed (Act 788 of 1975). This came a year after the first major federal campaign finance legislation was passed following the Watergate scandal in which quid pro quo …

Christopher H. Harris v. Asa Hutchinson, et al.

The Arkansas constitution’s rule, commonly called “sovereign immunity,” that people cannot sue their government for damages has vexed the Arkansas Supreme Court for a century and a half, but particularly in the twenty-first century when a few justices began to insist that the ancient doctrine that “the king can do no wrong” flouted the basic human rights of Arkansans that were spelled out in the state constitution’s bill of rights. The dispute was keenly articulated in several cases that arose in the Republican-run state government in the second decade of the new century, notably the case of Christopher H. Harris v. Asa Hutchinson, et al. in 2020. Christopher Harris sued Governor Asa Hutchinson and Patrick Fisk, the deputy director of …

City of Fort Smith v. Wade

The Freedom of Information Act (FOIA), one of the most significant governmental reform laws ever enacted by the Arkansas General Assembly, withstood many efforts in the state legislature and the courts to curtail the public’s right to know what state and local governments were doing. The efforts multiplied in the second and third decades of the twenty-first century. One such tactic that did succeed was a lawsuit, cited as City of Fort Smith v. Wade, in which the Arkansas Supreme Court altered the meaning of a public meeting so that private emails among city officials about an issue before the city board of directors did not violate the FOIA because the emails probably did not directly affect the city board’s …

City of Hot Springs v. Creviston

The Arkansas Supreme Court upended fifty-two years of financial practice by Arkansas cities and counties and numerous decisions of the Supreme Court when it ruled on March 3, 1986, that the Arkansas Constitution required the state and local governments to get voters’ approval before issuing bonds for capital improvements or any other purpose. The decision, in a case styled City of Hot Springs v. Tom Creviston, stunned local governments and financial institutions and briefly halted the issuance of financial instruments called revenue bonds, which were debts that were to be repaid from revenues generated by the project rather than from taxes. But a constitutional amendment to lift the election requirement was hastily drafted, petitions placed it on the ballot, and …

Clinton v. Jones

The U.S. Supreme Court case Clinton v. Jones, 520 U.S. 681 (1997) had the immediate impact of allowing a civil suit filed against President Bill Clinton to proceed while he was in office. In fact, although the case arose from an alleged incident that occurred before Clinton assumed the presidency, his status as president was central to the arguments the Supreme Court had to address. Ultimately, the decision’s more far-reaching impact directly affected the presidency on multiple levels. First, the Court’s ruling both reinforced and extended the idea that the president is not above the law, a concept that had been at the heart of the legal issues surrounding the Watergate affair. In addition, statements made by Clinton in the …

Collins v. State

In 1972, with the Furman v. Georgia case, the U.S. Supreme Court suspended use of the death penalty throughout the nation because it found the capital punishment system to be unconstitutional due to arbitrary enforcement. The Furman decision allowed individual states to revise their capital punishment statutes in order to eliminate the subjectivity of the death penalty. Arkansas revised its statutes in March 1973, and in the 1977 Collins v. State case, the Arkansas Supreme Court defended these newly revised statutes. In 1974, Carl Albert Collins was convicted of the murder of John Welch, his employer. Collins first attacked Welch’s wife, Gertrude, and then shot Welch. Collins left both for dead, stole Welch’s wallet, and took his truck. Though John …

Consensual Guardianship

The legal matter of consensual guardianship deals with a parent who consents to allow another person to be the guardian of a child and later revokes that consent. This situation usually arises when a parent is temporarily unable to raise a child (perhaps because of illness, financial problems, or criminal issues) and allows a family member or friend to be guardian. Over the years, the legal system in Arkansas first favored the guardian in these situations, then came to favor the parent, then slightly turned back to favoring the guardian. Although the Uniform Probate Code (adopted in whole or in part by many states) expressly states that a parent may consent to a guardianship (§ 5-204), the Arkansas guardianship statutes …

Convent Inspection Act of 1915

aka: Act 130 of 1915
aka: Posey Act

The Convent Inspection Act was passed by the Arkansas General Assembly and signed by Governor George Washington Hays in March 1915. The act was not unique to Arkansas, as states such as Georgia and Florida had similar laws. The Arkansas law allowed for sheriffs and constables to inspect convents, hospitals, asylums, seminaries, and rectories on a regular basis. The purpose, as stated in one section, was “to afford every person within the confines of said institutions, the fullest opportunity to divulge the truth to their detention therein.” If twelve citizens petitioned local authorities, law enforcement could enter these facilities day or night without notice. Whatever the stated intention of the legislation, one writer in the Arkansas Gazette on February 17, …

Cooper v. Henslee

Cooper v. Henslee was a 1975 Arkansas Supreme Court free speech case that struck down the 1941 state law that made advocating communism illegal and that barred the employment of communists by any government agency or institution. The court said such laws violated the U.S. Constitution’s First Amendment protections of free speech, assembly, and association. The plaintiff was Dr. Grant Cooper—a young history professor in Little Rock (Pulaski County) whose father was a prominent physician, philanthropist, and former member of the Little Rock School Board. In the early 1970s, Cooper started telling his students at the University of Arkansas at Little Rock that a communist revolution would someday turn America from a plutocracy into a just society. A student newspaper …

Coronado Coal Co. v. United Mine Workers of America

aka: United Mine Workers of America v. Coronado Coal Co.

Coronado Coal Co. v. United Mine Workers of America refers here to two separate cases heard by the U.S. Supreme Court during the tenure of Chief Justice William Howard Taft. Both arose from Arkansas’s Sebastian County Union War of 1914 and featured the same parties: the Coronado Coal Company and District No. 21, a local Arkansas branch of the United Mine Workers of America (UMWA). The first case, United Mine Workers of America v. Coronado Coal Co. (1922), was an appeal that ruled in favor of the union. It overturned a lower court decision by the Court of Appeals that found the union in violation of the Sherman Antitrust Act during the strike. The Supreme Court, however, found little evidence that …

Cude v. State

Archie Cude, a farmer who was born and reared around Houston, Texas, moved his young family in 1948 to the remote community of Board Camp nine miles east of Mena in the mountains of Polk County. Years later, he refused to put his children in school due to his claims that God opposed the smallpox vaccinations children had to take before enrolling. Cude’s long-running legal fight over his unvaccinated children, which embroiled Governor Orval E. Faubus, finally produced an order from the Arkansas Supreme Court in 1964 that his religious beliefs did not exempt him from obeying laws requiring the education of his children and also helping to protect children and teachers from the dreaded smallpox virus. Cude v. State, …

Daisy Bates et al. v. City of Little Rock

aka: Bates v. City of Little Rock

Daisy Bates et al. v. City of Little Rock, 361 U.S. 516 (1960) was a case in which the U.S. Supreme Court ruled unconstitutional a number of the state’s local ordinances that had been enacted in an effort to harass and hamper the efforts of the National Association for the Advancement of Colored People (NAACP) and other civil rights advocates. It was one of a series of cases that arose when the region’s local white power structure—seeking to fight back against the federal court decisions and black activist–sponsored direct action that threatened to bring an end to the South’s longtime legally mandated Jim Crow practices—undertook harassment campaigns against the civil rights leaders. In Little Rock (Pulaski County), this harassment took …

Davis, Elisha (Execution of)

Elisha Davis was an African American man hanged at Pine Bluff (Jefferson County) on June 25, 1904, for rape. His was the last of five public executions of rapists in Arkansas between 1901 and 1904. On May 9, 1904, fourteen-year-old Katie Ross and her younger sister Jodie, daughters of “moderately well-to-do river-bottom farmer” Thomas N. Ross and Matilda Ross, were heading toward their home at Kearney (Jefferson County) when a Black man reportedly came out of the woods and grabbed Katie. A newspaper reported that “the brute…choked her into insensibility and then accomplished his purpose before he left her nearly dead upon the highway.” Officials began arresting Black men who fit the girls’ general description of the assailant, and Katie …