Entries - Entry Category: Laws and Court Cases

Dodson v. Arkansas Activities Association

Dodson v. Arkansas Activities Association (1979) was a federal court decision concerning the rules for girls’ junior high and high school basketball in Arkansas. Diana Lee Dodson, then a fourteen-year-old student in the Arkadelphia (Clark County) public school system, filed a lawsuit against the Arkansas Activities Association (AAA), the governing body of public and private school athletic programs, asking that girls in Arkansas be permitted to play under the same full-court basketball rules as Arkansas boys played. Arkansas schools at that time required that basketball for girls be played under “half-court” rules. In this version of the game, which had been played in Arkansas and other states since at least the World War II era, girls’ teams had six players. …

Dove v. Parham

Dove v. Parham was a federal desegregation lawsuit filed in the fall of 1959 in the U.S. District Court, Eastern District of Arkansas. The suit was filed by attorney George Howard Jr. on behalf of three African-American students who were denied transfer to the all-white Dollarway School District. The lawsuit would eventually reach the Eighth Circuit Court of Appeals. The saga of Dove v. Parham began in 1954 when a member of the Pine Bluff (Jefferson County) chapter of the National Association for the Advancement of Colored People (NAACP), William Dove, along with a small group of African-American citizens, requested that the Dollarway School District desegregate. The group’s request was denied. In 1957, Dove repeated his request to transfer his five …

Edmondson Home and Improvement Company v. Harold E. Weaver

Edmondson Home and Improvement Company v. Harold E. Weaver was a civil suit in the Crittenden County Chancery Court between 1941 and 1948. The Edmondson Home and Improvement Company initiated the suit to contest Harold Weaver’s acquisition of 588 town lots and hundreds of acres of farmland in and around the town of Edmondson (Crittenden County). The land belonging to the Edmondson Home and Improvement Company and other African-American citizens of Edmondson was conveyed to Weaver, a white man, by the State of Arkansas after the sheriff and tax collector of Crittenden County declared that the owners of the lands were delinquent for failure to pay property taxes. The leadership of the Edmondson Home and Improvement Company claimed that they …

Election Law of 1891

The passage of the Election Law of 1891 was essential to the solidification of power in the state for Democrats during the post-Reconstruction era and was the first step in making Arkansas a one-party state. In conjunction with the subsequent Poll Tax Amendment, controversially passed during the 1892 general election, the Election Law of 1891 effectively disfranchised African Americans in Arkansas and legally suppressed Republican and third-party political opposition. By 1888, Democratic Party officials in Arkansas were expressing concern about perceived election fraud in the state and the threat of federal oversight of state elections. Evidence of widespread election fraud and the highly publicized murder of Republican candidate John M. Clayton brought about mounting calls for election reform legislation. After much …

Eminent Domain

The Arkansas and U.S. Constitutions permit the process of eminent domain, which is the taking of private property for public purposes as long as there is just compensation paid to the owner, legal authorization for the taking, and an observance of procedural due process. Eminent domain can be used to obtain property for public purposes such as improvement districts, electric power lines, natural-gas pipelines, irrigation and drainage companies, cemeteries, roadways, bridges, dams, and state colleges and universities. Interpretation of the term “public purpose” has produced much of the case law on eminent domain, including Pfeifer v. City of Little Rock, a 2001 Arkansas case, and Kelo v. City of New London, Connecticut, a 2005 U.S. Supreme Court case; these cases …

Epperson v. Arkansas

Epperson v. Arkansas, a case argued before the U.S. Supreme Court, challenged the right of a state to outlaw the teaching of evolution in public schools. On November 12, 1968, the Supreme Court ruled that Arkansas’s Initiated Act Number 1, an antievolution law approved by Arkansas voters in 1928, violated the establishment clause of the First Amendment and was therefore unconstitutional, thus setting a legal trend for the nation as a whole. The antievolution movement in Arkansas came into its own just as it was declining nationwide. The 1925 Scopes “Monkey” Trial made fundamentalist groups objects of ridicule and thus sent them retreating from the cultural and political mainstream. In January 1927, however, state Representative Astor L. Rotenberry of Pulaski …

Equal Rights Amendment (ERA)

The Equal Rights Amendment (ERA) is a proposed Amendment to the U.S. Constitution that would guarantee equal rights for women. Sent to the states in the spring of 1972, it fell short of the required ratification by three-quarters—thirty-eight—of the states. Arkansas was one of the fifteen states that did not ratify the amendment by the deadline established in the congressional directive sending the amendment to the states. However, it has periodically become the object of renewed efforts at ratification. The amendment, which was passed by both houses of the U.S. Congress in 1972 and then sent on to the states for ratification, states: Section 1: Equality of rights under the law shall not be denied or abridged by the United …

Featherstone v. Cate

In the Arkansas election of 1888, Agricultural Wheel members and other groups formed the Union Labor Party and allied with the Republicans to offer a serious challenge to the Democrats. In 1889, the Featherstone v. Cate congressional hearings resulted from allegations of election fraud in the race for U.S. representative from Arkansas’s First Congressional District, a district comprising seventeen eastern counties including Craighead, Crittenden, Cross, Lee, Phillips, and St. Francis. In 1888, the race for first district representative pitted Independent candidate Lewis P. Featherstone of Forrest City (St. Francis County) against Democratic judge William Henderson Cate of Jonesboro (Craighead County). Initially, the election results showed Cate the winner with 15,576 votes to Featherstone’s 14,238. In late November 1888, Featherstone, alleging fraud in Crittenden, Cross, Lee, …

Finney v. Hutto

aka: Hutto v. Finney

In this series of landmark court cases, prisoners at the Cummins Farm and Tucker Intermediate Reformatory units of the Arkansas prison system continued to challenge their conditions of confinement, several years after Chief Judge J. Smith Henley of the U.S. District Court for the Eastern District of Arkansas declared in Holt v. Sarver I (1969) and Holt v. Sarver II (1970) that confinement in the prisons constituted cruel and unusual punishment, violating the Eighth and Fourteenth amendments. Judge Henley called the conditions that prisoners faced “a dark and evil world completely alien to the free world.” The prisoners were represented by attorneys Jack Holt Jr. and Philip Kaplan of Little Rock (Pulaski County). Henley’s original decision ordered the Arkansas Department of Correction to remedy the …

Fort Smith Sedition Trial of 1988

For seven weeks beginning on February 16, 1988, Fort Smith (Sebastian County) was the site of a major trial in which a twelve-person jury sought to determine the guilt or innocence of fourteen right-wing radicals who were charged with a variety of crimes, most prominently conspiracy to engage in sedition. After hearing from a total of almost 200 witnesses, the jury found none of the defendants guilty. In the almost two-month-long proceeding, federal prosecutors presented evidence intended to prove that ten of the defendants had conspired and plotted to overthrow the federal government while also asserting that the others were guilty of trying to kill a federal judge and a Federal Bureau of Investigation (FBI) agent. According to the scenario …

Freedom Suits

In the freedom lawsuits initiated before the Civil War, enslaved people brought suit against enslavers, claiming they were entitled to their freedom. The legal basis for the freedom suits varied. Claims were usually based on the enslaved individual having descended from free ancestors or having been the resident of a free state or territory, a situation that could have nullified their enslavement. However, such suits also arose when a group of enslaved people believed their owner had freed them—usually in a will—and they filed suit to ensure the master’s heirs upheld the legal directive. Freedom suits were usually brought by men, but women also undertook such suits on their own behalf, as well as their children’s, given that the legal …

Gary v. Stevenson

The Arkansas State Supreme Court adjudicated Gary v. Stevenson, a freedom suit and racial-identity trial, in 1858. It was one of an increasing number of racial-identity suits in the South during the last decade before the Civil War. In this case, Thomas Gary sued slaveholder Remson Stevenson in an attempt to win his freedom from slavery. Gary, aged about sixteen in 1858, whom witnesses described as having sandy-colored hair and blue eyes, appeared to be white. He contended that he was lawfully free because he was the white son of white parents. Stevenson, a slaveholder in Van Buren (Crawford County), countered that Gary was the child of an enslaved mother and therefore not white; this made him a slave for …

Gent v. Arkansas

Gent v. Arkansas was a U.S. Supreme Court case in which an Arkansas law designed to eliminate the distribution of obscene material was challenged. Though it did not touch directly upon the limits of the state’s ability to control obscenity, it did reinforce legal opinion that standards for obscenity must be those applied by the U.S. Supreme Court rather than local standards. In 1961, the Arkansas legislature passed Act 261, which, among other things, purported to eliminate obscene material, which was defined by the current community standards applied by the average person. The legislature based the wording of Act 261 on a model act drafted by the Council for Periodical Distributors Associations (CPDA) designed to give public prosecutors the authority …

Grand Gulf Affair

Grand Gulf Nuclear Generating Station is a nuclear-powered electricity-generating station on the eastern bank of the Mississippi River downstream from Vicksburg, Mississippi, near the town of Port Gibson. Issues surrounding the financing of the station convulsed politics in Arkansas for the last two decades of the twentieth century and continued to create legal controversy into 2022 over the financial harm the giant plant did to homeowners and other power users in Arkansas, Mississippi, and Louisiana. The state of Mississippi reopened the controversy before the Federal Energy Regulatory Commission in 2017 by alleging that Entergy had greatly overcharged Mississippians and others, perhaps by billions of dollars, and the other states eventually joined the litigation. Mississippi accepted a sizable settlement offer by …

Guy v. Daniel

aka: Abby Guy v. William Daniel

Abby Guy v. William Daniel was a freedom suit and racial identity case brought before the Arkansas Supreme Court in January 1861. The case originated in the Ashley County Circuit Court in July 1855 when Abby Guy sued William Daniel, whom she said wrongfully held her and her children in slavery. According to Guy, she and her family were free white people. After a jury decided in favor of Guy, Daniel appealed the case to the Arkansas Supreme Court, which, in the end, declined to overturn the lower court’s verdict. Guy and her children were freed. Racial identity trials, in which the outcome rested on whether or not one party was white, were not unusual in the South. Guy v. …

Hammond Packing Company v. Arkansas

The U.S. Supreme Court heard only one case from Arkansas among several important antitrust lawsuits during the Progressive Era, a time when many states were waging crusades against big-business monopolies: Hammond Packing Company v. Arkansas, 212 U.S. 322 (1909). The state won, and the Court’s decision provided a remedy for corporate obstruction in the discovery phase of litigation and established an important precedent that became a cornerstone of Rule 37 in Federal Rules of Civil Procedure. Using a 1905 Arkansas antitrust law, Robert L. Rogers, who was the state’s attorney general, and Lewis Rhoton, prosecuting attorney in Pulaski County, waged numerous antitrust lawsuits. Several were aimed at the so-called “Beef Trust,” seeking penalties ranging from $30,000 to $7 million, as …

Harrison, John Henry (Lawsuits Relating to the Lynching of)

On February 3, 1922, an African American man named John Henry Harrison was lynched in Malvern (Hot Spring County) for allegedly harassing white women and girls. He had been arrested, taken to his victims for identification, and then jailed. Sheriff D. S. Bray, fearing mob violence, decided to take Harrison to the jail in Arkadelphia (Clark County) for safekeeping. Finding the roads out of town intentionally blocked by cars, he decided to travel by train instead. Bray, Harrison, and two deputies (S. J. Leiper and W. T. Gammel) boarded the train around 10:30 p.m., and Harrison was hidden under the seat in the “negro car.” According to the Malvern Daily Record, just as the train was beginning to leave, a …

Helton, Kit (Execution of)

Kit Helton was hanged on March 7, 1902, for murdering his wife—the first of three executions conducted at Van Buren (Crawford County) in 1902. Kit Helton, fifty-five, was a farmer living with his wife Ella near Lancaster (Crawford County). Helton suspected his wife was having an affair with Justice of the Peace John O’Kelley. On September 28, 1901, Helton rode to O’Kelley’s house and paid him fifty cents he owed him over some business. Helton said, “That settles our fruit deal; I will also settle another score with you,” before pulling a pistol and shooting him in the abdomen. Initial reports said O’Kelley was killed, but he survived his wounds. Helton then rode home and called his wife out of …

Hembree, Lathe (Execution of)

Lathe Hembree was hanged on July 25, 1902, at Center Point (Howard County) for a murder he denied committing. He was one of six men executed on the same date in Arkansas. On March 1, 1900, W. M. Willis, an inspector and paymaster for the Hammond-Signor Tie Company, was found shot to death on the Pee Gee Road five miles south of Mena (Polk County). Circumstantial evidence led investigators to arrest Lathe Hembree, a white man, for the crime. He was tried in Mena and convicted of first-degree murder on March 17 after the jury deliberated “only one hour.” He was sentenced to hang on May 18. Hembree’s lawyers appealed the conviction, and the Arkansas Supreme Court delayed the execution, …

Hodges v. United States

Hodges v. United States, 203 U.S. 1 (1906) is a U.S. Supreme Court case resulting in the overturning of the convictions of three white men convicted in 1903 of conspiring to prevent a group of African-American workers from holding jobs in a lumber mill in Whitehall (Poinsett County), a small town in northeastern Arkansas. It was overruled by another Supreme Court decision in 1968, but the decision in Hodges represented an important step in the evolving judicial interpretation of the constitutional amendments passed in the aftermath of the Civil War. The Court’s decision imposed a strict limitation on the application of the Thirteenth Amendment to the U.S. Constitution (which abolished slavery and involuntary servitude, except as punishment for a crime), as well …

Holt v. Sarver

In the landmark Arkansas case Holt v. Sarver, inmates of the racially segregated Cummins Farm and Tucker Intermediate Reformatory units of the Arkansas prison system brought suit against the commissioner of corrections, Robert Sarver, and the Arkansas Board of Corrections, challenging their conditions of confinement. The case was heard in the United States District Court for the Eastern District of Arkansas, Pine Bluff Division, before Chief Judge J. Smith Henley. Holt v. Sarver was a turning point in the history of court intervention in the management of American prisons. The decision marked the end of the “hands-off” era of the federal judiciary toward prisoners and the beginning of an era of prisoners’ rights. Holt v. Sarver, which inspired the 1980 film …

Homestead Act of 1862

The Homestead Act of 1862 was a federal statute that regulated most federal transfers of land to Arkansans after the Civil War. It required two things of homesteaders: settlement and cultivation. In other words, homesteaders had to live on and farm their land, and, in exchange, they received land at a very low cost. These land transfers comprised more than eight million Arkansas acres, nearly a quarter of the state’s land, for nearly 75,000 applicants. Just about half (4,037,291 acres of 8,133,791 acres) was transferred in the twentieth century. As the railroads made more of Arkansas accessible, more and more Arkansans homesteaded land. In contrast to the Southern Homestead Act—which was in force during the Reconstruction years only from 1866 …

Hopkins v. Jegley

Hopkins v. Jegley is an ongoing legal challenge to four abortion restrictions passed by the Arkansas state legislature in 2017. Unless Roe v. Wade (1973) is overturned before the case is settled, women’s abilities to continue to exercise their right to access legal abortion in Arkansas likely depend on the outcome of this case. Since the U.S. Supreme Court’s ruling in Roe, opponents of the legal right to abortion have pursued legislation aimed at restricting access to the procedure. As these efforts have escalated since 2011, states have enacted more than 450 new abortion restrictions, which disproportionally impact the lives of young people, people with low incomes, and minorities. Anti-choice state lawmakers support measures that are designed to ban specific …

Housley v. State

On November 13, 1919, Virgil Housely was convicted of arson and sentenced to two years in an Arkansas prison for his alleged role in the March 29, 1919, attack on the African American settlement of Little Georgia (Garland County). Housley’s conviction was later overturned by the Arkansas Supreme Court. On the evening of March 29, 1919, six or seven men gathered to attack the African American residents of Little Georgia, possibly in hopes of seizing valuable farmland. They swept through the town, firing guns, setting fire to homes with torches, and throwing dynamite. After the incident, most Black families fled Little Georgia, and it was not until the end of May that authorities were able to identify and arrest six …

Initiatives and Referenda

Arkansas’s adoption of key elements of “direct democracy” (specifically, a statewide initiative and referendum process) stands out in the South. The fact that Arkansas adds another policymaking body—the voters of the state acting at the ballot box on measures placed on the ballot through their own petition signatures—to the typical representative system of democracy continues to shape the political rules of the game in Arkansas a century after the process’s creation. It also reflects the legacies of the Progressive and Populist political movements in the state. Proponents of direct democracy—the initiative, referendum, and recall—argued that taking total decision-making power away from legislative bodies could lessen the influence of special interests, reduce corruption in politics generally, and more fully empower rank-and-file …

Intrastate Commerce Improvement Act

aka: Act 137 of 2015

In response to the 2014 passage of a broad antidiscrimination ordinance by the city council in Fayetteville (Washington County), barring discrimination in the city on the basis of sexual orientation or gender identity, Senator Bart Hester, a Republican of Cave Springs (Benton County), introduced Senate Bill 202 in the 2015 regular session of the Arkansas General Assembly. A parallel version of the legislation was sponsored in the House of Representatives by Representative Bob Ballinger, a Republican of Hindsville (Madison County). This legislation barred local governments in Arkansas from passing any ordinance that “creates a protected classification or prohibits discrimination on a basis not contained in state law.” The stated goal of the legislation was “to improve intrastate commerce by ensuring …

J. R. Poisson v. Etienne d’Avril

J. R. Poisson v. Etienne d’Avril is a purported opinion of the Arkansas Supreme Court that was published as an April Fool’s Day joke by Associate Justice George Rose Smith on April 1, 1968. In the opinion, he declares that a fictional Arkansas statute (the “Omnibus Repealer”) abrogates all statutory law in Arkansas but does not affect the common law. George Rose Smith was known for his wry sense of humor. He was a grandson of Uriah Rose, the founder of the Rose Law Firm in Little Rock (Pulaski County), and served as a partner in the firm until his election to the Arkansas Supreme Court in 1948. He holds the record as the longest-serving justice in the history of …

Jackson v. Hobbs

In Jackson v. Hobbs, the U.S. Supreme Court held that the Eighth Amendment to the U.S. Constitution forbids mandatory life imprisonment without parole sentences for children. Kuntrell Jackson—convicted of capital murder based on events that occurred when he was fourteen years old—was granted resentencing in which his youth could be taken into account. Jackson was ultimately resentenced to twenty years imprisonment and was released from prison on parole in 2017. Dozens of other juvenile offenders have been similarly resentenced based on this case. On November 18, 1999, Jackson was walking with two other juveniles—fourteen-year-old Derrick Shields and fifteen-year-old Travis Booker—through the Chickasaw Courts housing project in Blytheville (Mississippi County) and began discussing the idea of robbing a local video store. …

Jegley v. Picado

Larry Jegley v. Elena Picado, et al. was a 2002 decision by the Arkansas Supreme Court that struck down Arkansas’s sodomy law, which criminalized homosexual behavior. It was the first time that the Supreme Court removed a legal prohibition against homosexual relationships, and the decision was cited many times the next dozen years by state and federal courts in several states that invalidated such laws. Sodomy laws preceded American independence. The colonies criminalized homosexual acts, which were often death-penalty offenses. Sodomy was a felony in every state until 1962, when states began to liberalize the laws. In 1975, Arkansas attorney general Jim Guy Tucker submitted a lengthy bill to the Arkansas General Assembly that overhauled and recodified the state’s criminal laws. The …

Jim Crow Laws

Jim Crow laws were statutes passed in most of the Southern states between the 1880s and 1960s that separated the races and created a segregated society. Exactly why these laws were implemented at this time is unclear, although scholars believe that they may have been a response to the breakdown of traditional barriers between black and white people in the post-Reconstruction era. This breakdown was made possible by expansion of the South’s railroads, development of urban areas and industrial workplaces, and the progress African Americans made economically during this period. Whatever the reason for the timing of their passage, these laws reflected prevalent anti-black racism and the views of contemporary whites, who asserted that African Americans represented an inferior and …

Jim DuPree v. Alma School District No. 30

Jim DuPree et al. v. Alma School District No. 30 et al. was a lawsuit that triggered twenty-five years of litigation and legislation to raise the quality of and increase funding for public education in Arkansas. The Arkansas Supreme Court ruled on the suit on May 31, 1983, concluding that the state government had consistently failed to provide the money and programs that would guarantee a suitable education for all children in Arkansas regardless of where they lived. The decision was the springboard that Governor Bill Clinton used that fall to push a raft of education reforms—including higher taxes—through the Arkansas General Assembly and the state Board of Education. A decade later, the issues were revived by a succession of …

Johnson v. State (1942)

Six months before the United States went to war with Japan and Germany in 1941, but as war hysteria was building, Joseph Paschall (Joe) Johnson, a farmer with eight children in the St. Joe (Searcy County) community, went to the county courthouse at Marshall (Searcy County) to get food relief for his family. He refused the county welfare commissioner’s demand that he salute the American flag in the commodities office because doing so would violate his Christian beliefs about swearing fealty only to God. He was denied commodities, arrested, and convicted of violating a 1919 state law prohibiting desecration of the flag. In the case of Johnson v. State of Arkansas (204 Ark. 476), the Arkansas Supreme Court upheld his …

Kessler v. Strecker

Kessler v. Strecker was a U.S. Supreme Court case in 1939 concerning the arrest and planned deportation of Joseph George (a.k.a. Josef or Joe Georg) Strecker, a Hot Springs (Garland County) restaurant owner, for alleged membership in the Communist Party. This case happened around the time Texas congressman Martin Dies was publicly demanding the deportation of International Longshoremen’s Association head Harry Bridges for similar reasons. When Secretary of Labor Frances Perkins refused to act on Bridges’s case until Strecker’s case was settled, Republicans began impeachment proceedings against her. Born on August 29, 1888, in Galicia, then a part of Austria-Hungary, Strecker immigrated to the United States in 1912 and worked in coal mines before settling in Hot Springs, running a …

Lake View School District No. 25 v. Huckabee

The court case Lake View School District No. 25 v. Huckabee examined the structure for the funding of Arkansas schools in a grueling, fifteen-year process. This case led to the subsequent overhaul of public school funding with the aim to be more fair and exact and to benefit all Arkansas students equally. In 1992, the school district of Lake View (Phillips County) first brought its case against the State of Arkansas, claiming that the funding system for the public schools violated both the state’s constitution and the U.S. Constitution because it was inequitable and inadequate. At that time, schools received funding from three levels of government: local, state, and federal. Because some local governments had more tax money available for …

Laman v. McCord

aka: W. F. Laman, et al. v. Robert S. McCord, et al.

W. F. Laman, et al. v. Robert S. McCord, et al. was a 1968 decision by the Arkansas Supreme Court that established the framework for interpreting the state Freedom of Information Act (FOIA) in ways that favored public access to meetings and government papers. The lawsuit leading to the decision of the Supreme Court was filed only weeks after the Arkansas General Assembly enacted the FOIA. The law gave the public and the media the right to examine and copy public records and to be present whenever governmental bodies met. The unanimous opinion used unusually strong language in condemning a violation of the new act at a closed meeting of the city council of North Little Rock (Pulaski County) and …

Landlord-Tenant Laws

Landlord-tenant law is divided into two types: residential and commercial. Because commercial landlord-tenant law is governed mostly by the law of contracts, this discussion is restricted in scope to residential landlord-tenant law. Landlord-tenant relations are regulated generally by state law as opposed to federal, although a few relevant federal laws, most notably the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), preempt any conflicting state law. Public and Section 8 housing is also regulated mostly by federal law. About half of the states have enacted the Uniform Residential Landlord Tenant Act, which was adopted by the Uniform Law Commission in 1972. Since then, the uniform law was repeatedly introduced in Arkansas to no avail, but in …

LEARNS Act

aka: Act 237 of 2023

The LEARNS Act (Act 237 of 2023) was the signature piece of legislation promoted by Governor Sarah Huckabee Sanders during the 2023 session of the Arkansas General Assembly, her first session as governor of the state. After her election, Sanders indicated that her top priority would be a bill to change the public elementary and secondary education system in the state. On February 8, 2023, she held a press conference at the Arkansas State Capitol together with various Republican Party officials to announce some of the basics of her plan, which was still being drafted in secret. These included: a starting teacher pay set at $50,000, the creation of a voucher program (called “education freedom accounts”) that could be used …

Little Rock School Desegregation Cases (1982–2014)

aka: Little Rock School District, et al v. Pulaski County Special School District et al.

From 1982 until 2014, the U.S. District Court for the Eastern District of Arkansas, Western Division, handled Little Rock School District, et al. v. Pulaski County Special School District et al. At least six federal district judges presided over the case during this span of time. In 1984, the district court ruled that three school districts situated in Pulaski County were unconstitutionally segregated: the Little Rock School District (LRSD), the Pulaski County Special School District (PCSSD), and the North Little Rock School District (NLRSD). One reason for the ruling was that the population of Little Rock was approximately sixty-five percent white in 1984, while seventy percent of Little Rock School District students were black. Those who brought the case feared …

Lockhart v. McCree

Lockhart v. McCree was a 1986 decision of the U.S. Supreme Court holding that it was not a violation of the requirement that a jury be a fair representation of a community if a court removed from the jury pool—prior to jury selection—all potential jurors who had expressed their opposition to the death penalty. Building upon its 1968 ruling in Witherspoon v. Illinois, the Court clarified the concept of fair representation for a jury of one’s peers. The case of Lockhart v. McCree began in 1978 when Ardia V. McCree stood trial in connection with the shooting death of gift shop and service station owner Evelyn Broughton in Camden (Ouachita County) on February 14, 1978. While McCree denied his involvement …

Marisa N. Pavan, et al. v. Nathaniel Smith

aka: Pavan v. Smith

Pavan v. Smith (2017) was a U.S. Supreme Court decision that clarified the legal parenting rights for the non-biological partner in a same-sex marriage. Rather than hearing oral arguments on the matter, the Court summarily rejected the decision of the Arkansas State Supreme Court denying a wife of a mother the opportunity to be listed as a parent on the couple’s child’s birth certificate, a privilege that was presumptively granted to husbands under Arkansas law. In 2015 Obergefell v. Hodges decision, the U.S. Supreme Court ruled that state laws that barred same-sex marriage violated the Due Process and Equal Protections Clauses of the U.S. Constitution’s Fourteenth Amendment. Following that victory for marriage equality advocates, the Arkansas State Supreme Court acted …

McLean v. Arkansas Board of Education

The 1981–82 federal court case McLean v. Arkansas Board of Education constituted a challenge to the state’s Act 590, which mandated the equal treatment of creation science in classrooms where evolution was taught. On January 5, 1982, U.S. District Court Judge William R. Overton ruled Act 590 unconstitutional in light of the establishment clause of the First Amendment. His determination that creationism constituted a religious doctrine rather than a scientific theory had a profound impact on the nation, the ramifications of which are still being felt today. The draft of the model act which eventually became Act 590 originated in an Anderson, South Carolina, organization called Citizens for Fairness in Education. Its founder, Paul Ellwanger, working from a model prepared …

Mitchell v. Globe International Publishing

aka: People's Bank and Trust Company of Mountain Home v. Globe International Publishing

Mitchell v. Globe International Publishing, Inc. 978 F. 2nd 1065 was a legal case involving First Amendment freedom of the press, as well as privacy issues. It originated in a lawsuit filed by ninety-six-year-old Nellie Mitchell, a native of Mountain Home (Baxter County). Mitchell sued Globe International, the publisher of the tabloid paper the Sun, for false light invasion of privacy after the paper published a photograph of her to illustrate one of its articles. When the jury returned a verdict in favor of Mitchell and awarded her a total of $1.5 million in compensatory and punitive damages, Globe appealed to the U.S. Court of Appeals for the Eighth Circuit, which upheld the verdict. A final effort to appeal to …

Mitchell v. United States

Mitchell v. United States et al., 313 U.S. 80 (1941), came on appeal to the U.S. Supreme Court, challenging discriminatory treatment of railroad accommodations for African-American passengers on interstate train coaches passing through Arkansas, where a state law demanded segregation of races but equivalent facilities. The Supreme Court had held in earlier cases that it was adequate under the Fourteenth Amendment for separate privileges to be supplied to differing groups of people as long as they were treated similarly well. Originating in Arkansas in April 1937, the suit worked its way through the regulatory and legal system, finally ending up on the calendar of the Supreme Court in 1941. The circumstances surrounding the matter began after the only African American …

Moore v. Dempsey

The 1923 U.S. Supreme Court decision Moore v. Dempsey changed the nature of the due process clause of the Fourteenth Amendment. The ruling allowed for federal courts to hear and examine evidence in state criminal cases to ensure that defendants had received due process. The case that resulted in this decision was one of two lawsuits pursued by the National Association for the Advancement of Colored People (NAACP) in the aftermath of the 1919 Elaine Massacre. After short trials, dominated by citizen mobs, twelve African Americans—six who became known as the Moore defendants and six who became known as the Ware defendants—were found guilty of murder and sentenced to death. Ultimately, the six Ware defendants were freed by the Arkansas …

Morrilton School District No. 32 et al. v. United States of America

Morrilton School District No. 32 et al. v. United States of America was a school desegregation case that began in 1972. However, aspects of the lengthy litigation were still being contested into the mid-1980s. The case began in December 1972 when the U.S. Department of Justice filed suit against the State of Arkansas, the Arkansas Department of Education, the members of the state Board of Education, and the school districts of Conway County, as well as the local school board members and superintendents. The federal government charged that, in the process of consolidating the county’s school districts in response to a federal desegregation order, the school officials had in fact purposely created segregated school districts and, in doing so, had …

Morrison v. White

Morrison v. White was a case involving slavery in which, after numerous legal twists and turns, Jane/Alexina Morrison, who claimed to be a free white woman from Arkansas, was granted her freedom by a Louisiana district court jury in 1862. As did several other freedom suits of the time (such as Guy v. Daniel and Gary v. Stevenson), this one went well beyond the usual issue of ownership and addressed the fundamental question of who could, in fact, be enslaved—and, in particular, whether a white person could be a slave. Unlike the famous case of Dred Scott, a black man whose claim to freedom was based on his residence in a statutorily free area of the country, Jane/Alexina Morrison rested …

Neal v. Still

Neal v. Still was a case decided by the Arkansas Supreme Court in 1970 that addressed issues of free speech and free expression. After thoughtful deliberations, the Arkansas Supreme Court held that the statute under which the alleged violators, Joe and Barbara Neal, were arrested and charged was unconstitutionally vague and violated the free speech rights guaranteed by the U.S. Constitution. The case had its roots in the February 21, 1969, arrest of Joe Neal and his wife, Barbara Wink Neal, on the campus of Henderson State College (now Henderson State University) in Arkadelphia (Clark County). The couple, who were distributing information at the college’s Student Union Building, was charged with violating Act 17 of 1958, which prohibited creating a …

One-Drop Rule

aka: Act 320 of 1911
aka: House Bill 79 of 1911

In 1911, Arkansas passed Act 320 (House Bill 79), also known as the “one-drop rule.” This law had two goals: it made interracial “cohabitation” a felony, and it defined as “Negro” anyone “who has…any negro blood whatever,” thus relegating to second-class citizenship anyone accused of having any African ancestry. Although the law had features unique to Arkansas, it largely reflected nationwide trends. Laws against interracial sex were not new. Virginia declared extramarital sex a crime during Oliver Cromwell’s era and increased the penalty for sex across the color line in 1662. In 1691, Virginia criminalized matrimony when celebrated by an interracial couple. Maryland did so the following year, and others followed. By 1776, twelve of the thirteen colonies that declared …

Pfeifer v. City of Little Rock

Pfeifer v. City of Little Rock was a lawsuit filed in 1999 by Eugene Pfeifer III that, had it been successful, would have upended all the developing plans for the presidential library of President Bill Clinton. The suit stemmed from a dispute and the resulting failed negotiations surrounding the effort to plan and eventually construct a presidential library in Little Rock (Pulaski County) following Clinton’s election in 1992. Not long after Clinton’s election to the presidency, a group of his supporters established the Clinton Presidential Library Study Commission and began to look for a suitable place in Arkansas to establish the former Arkansas governor’s presidential library. The creation of the commission set in motion a lengthy process that had lawyers …

Phillips, et al. v. Weeks, et al.

Phillips, et al. v. Weeks, et al. was a sweeping lawsuit in federal district court at Little Rock (Pulaski County) alleging that the municipal police engaged in systematic discrimination against African Americans, including illegal detention, physical brutality, verbal abuse, and segregation in jail. The class-action suit was filed in January 1972, and the trial lasted two and a half months in 1974–1975. The case languished in the court for another eight years before all the issues were finally settled, with only a partial victory for the class of people for whom the suit was filed. U.S. District Judge G. Thomas Eisele eventually ordered an end to jail segregation and to the illegal detention of blacks, an infamous system in which …