National News

Office of Solicitor General wins 2024 United States Supreme Court Best Brief Award

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after the Office of Solicitor General—a division of the Office of the Attorney General—was recognized with a 2024 United States Supreme Court Best Brief Award from the National Association of Attorneys General (NAAG):

“Solicitor General Nicholas Bronni, Deputy Solicitor General Dylan Jacobs, and Senior Assistant Solicitor General Asher Steinberg have been awarded a 2024 United States Supreme Court Best Brief Award by NAAG for their multistate brief in Muldrow v. St. Louis, which addressed the proper legal standard for Title VII claims.

“This award confirms what I already knew: Arkansas’s Solicitor General team—attorneys and support staff—is among the very best anywhere and have earned respect and accolades nationally for their excellence. I am proud to work with them every day and appreciate their dedication to mission, keen insight and mastery of the law.”

The Best Brief Awards are given annually in recognition of excellence in brief writing in the United States Supreme Court. The awards honor appellate practitioners from state attorneys general offices, who collectively handle more United States Supreme Court cases than almost anyone else in the legal community.

The winners were selected by a panel of independent United States Supreme Court experts who are experienced United States Supreme Court practitioners.

To read a copy of the award-winning brief, click here.

For a printer-friendly version of this release, click here.

L-R Bronni, Jacobs, Steinberg

Boozman shares memories of Northwest Arkansas veteran for Hispanic Heritage Month

WASHINGTON U.S. Senator John Boozman (R-AR) recognized the service and sacrifice of Maddie Willyard in ‘Salute to Veterans,’ a series highlighting the military service of Arkansans.

Maddie Willyard - U.S. Air Force Veteran

Willyard was born in Puerto Rico and moved to Chicago when she was 7 years old. In high school, her family moved to a northern suburb because of safety concerns.

While Willyard’s family has a history of military service, her path to wearing our nation’s uniform started as a result of trying to avoid an angry teacher who was upset she did not complete her homework. 

“This voice came over the intercom – juniors and seniors are excused from classes to take the ASVAB. I didn’t know what the ASVAB was. I just knew it was like manna from heaven and off I went,” she said.

She quickly learned the exam was the Armed Services Vocational Aptitude Battery, an indicator of future success in the miliary.

“I did very well. Got lots of calls and visited with recruiters. At that point I had thought of my future. We talked about community college. I wanted to be a journalist. I also wanted to be a teacher and I ended up joining the Air Force,” Willyard said. “I was 16 and shallow still and didn’t think green looked very good on me,” she laughed.

Willyard said her mom was supportive, but her stepdad was horrified because he didn’t think military service was something young women should pursue. 

After graduating high school in May, Willyard started service in the Air Force in November and attended basic training at Lackland Air Force Base, San Antonio. 

Her uncles who served in uniform advised her to stay under the radar. This included getting a bunk furthest away from the training instructor’s office. She followed the advice, but wasn’t there for long after she confronted another airman who was making the unit late to morning formation because she was curling her hair. 

“We were so involved in our conversation that we didn’t even notice our training instructor was there until he yelled,” Willyard said. “He looked at me and he goes ‘You want to be in charge? You want my job?’ And I said ‘Sir, no sir.’”

The instructor made her squad leader and she was moved to the bed closest to his office.

Following basic training, Willyard was assigned to medical administration and continued her education at Sheppard Air Force Base, Texas. She found the classes interesting and appreciated the freedom and community feel of the base.

“It was the best time of my life.” 

She calls the people she was training with family, so much so that when she received her first-choice duty station at a base in California, she was devastated to see a friend’s disappointment about her assignment to England Air Force Base, Louisiana.

“That girl cried for two days and it broke my heart,” Willyard said. Her empathy and compassion led her to trade assignment locations with her friend.

In Louisiana, Willyard worked in medical records where she helped organize and sort patient files.

“I also learned valuable lessons about customer service. You picked up the phone and you picked it up on the first ring. And you didn’t know if you were going to be talking to another airman like yourself or if you were going to be talking to a full bird colonel,” she said. 

She surrounded herself with mentors who aimed to see her do well and taught her skills that she still uses today.

Her time in uniform is something that has been valuable to her life and work. She says it opened doors for her and she encourages those interested in military service to be ready for hard and rewarding work.

“I tell them be prepared to sacrifice because it’s not about you. It’s about the mission and you’re choosing an occupation with so much honor and history. This country wouldn’t be here if it weren’t for soldiers, so you need to respect that. It’s not just a job, it’s a lifestyle. It’s not something you should go into lightly,” she said. “And enjoy it.” 

Today, Willyard lives in Northwest Arkansas and has found a calling to give back to her fellow veterans. She served in the Washington County Veteran Service Office before joining Boozman’s staff where she supports the needs of active-duty military, veterans and their families. 

“I’m grateful for Maddie Willyard’s service to our country in uniform and her continued support of her fellow veterans. We can be proud of her advocacy of the military and the important role it has had in her life. I’m pleased to preserve her memories of service,” Boozman said.

Boozman submitted Willyard’s entire interview to the Veterans History Project, an initiative of the Library of Congress’s American Folklife Center to collect and retain the oral histories of our nation’s veterans.

CD4 debate: Healthcare, economy, Middle East conflicts discussed

by George Jared (gjared@talkbusiness.net)

U.S. Rep. Bruce Westerman, R-Hot Springs, and his opponent Democrat Risie Howard of Pine Bluff agreed on some key issues but were diametrically opposed on others during their Fourth Congressional district, PBS Arkansas debate on Thursday (Oct. 10).

If elected, Howard said she would support and protect the Affordable Care Act, commonly referred to as Obamacare. About one in three Arkansans are on Medicaid and it was expanded through the act. If the act were repealed, something that former President Donald Trump has suggested if he’s re-elected, many would be without health insurance, she said.

Westerman said he wouldn’t vote to repeal the act, but the Medicaid expansion is driving up federal and state debts. He supports the Fair Care Act, legislation that fixes some of the problems with the act, but he didn’t give any specifics.

CD4 debate: Healthcare, economy, Middle East conflicts discussed

State IT chief: Maintain ‘maniacal focus’ on cybersecurity

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

Individuals and entities should have a “maniacal focus” on cybersecurity, which includes having strong passwords and backing up data regularly, according to Gary Vance, chief information security officer with the Arkansas Division of Information Systems.

Vance was part of a panel discussion Tuesday (Oct. 8) on the second day of the two-day 2024 Cybersecurity Summit presented by Arkansas Attorney General Tim Griffin and the Forge Institute. The first day’s speakers included Jen Easterly, director of the federal government’s Cybersecurity and Infrastructure Security Agency (CISA).

Vance and James Gentry, Fort Smith’s chief information officer, emphasized the importance of having complex, unique passwords for each site one visits. Gentry said he has 400-500 passwords organized through an encrypted password manager, an application that can be obtained at an app store. Vance said complex passwords close the door on bad actors trying to assess a user’s data.

State IT chief: Maintain ‘maniacal focus’ on cybersecurity

Cooperative Extension Service to host Veterans' Business Summit

By Ryan McGeeney
U of A System Division of Agriculture
 

LITTLE ROCK — Military veterans seeking to land contracts with the state or federal government for their businesses are invited to attend the 2024 Veterans' Business Summit on Nov. 7. The event, which is free to attend, will be held at the Cooperative Extension Service state headquarters at 2301 S. University Ave. in Little Rock.

The program will begin at 9 a.m. with an introduction by Melanie Berman, director of the Arkansas APEX Accelerator program for the University of Arkansas System Division of Agriculture.

The APEX Accelerators program, formerly known as the Procurement Technical Assistance Program, plays a critical role in the Department of Defense’s efforts to identify and help a wide range of businesses enter and participate in the defense supply chain. The program provides the education and training to ensure that all businesses can participate in the federal, state and local government contract process.

Tim Hicks, procurement counselor for the Division of Agriculture, said the event will appeal to many entrepreneurs hoping to expand their sales base.

CALL TO SERVE — Military veterans seeking to land contracts with the state or federal government for their small businesses are invited to attend the 2024 Veterans' Business Summit on Nov. 7. The event, which is free to attend, will be held at the Cooperative Extension Service state headquarters in Little Rock. (Division of Agriculture graphic.)

“The summit focuses on veteran-owned businesses, but we invite all businesses to join us,” Hicks said. “This will be a great time to network and collaborate with many resource partners.”

Berman’s welcome will be followed by the presentation of colors by the Cabot High School JROTC. Maj. Gen. (Ret.) Kendall Penn, secretary of the Arkansas Department of Veterans Affairs, will deliver the keynote address.

The event’s featured speaker will be Ruby Crenshaw Lawrence, chief of the Office of Small Business Programs & Industry Engagements for the Defense Counterintelligence and Security Agency. She will discuss the government’s stance on Foreign Ownership, Control, or Influence, and associated concerns.

Nearly two dozen organizations will be participating in the event, with representatives taking part in discussion panels and available for networking throughout the day. Participating organizations include:

  • 19th Contracting Squadron, Little Rock Air Force Base

  • Arkansas Division of Emergency

  • Arkansas Economic Development Commission

  • Arkansas National Guard Purchasing Office

  • Forge Institute

  • Arkansas Small Business Technology Development Center

  • SCORE Business Mentorship

  • The Conductor / Startup Junkie Foundation

  • U.S. Small Business Administration – Arkansas District

  • Arkansas Women's Business Center

  • City of Little Rock

  • Clinton National Airport

  • Communities Unlimited

  • Disabled American Veterans

  • State of Arkansas Department of Veterans Affairs

  • State of Arkansas, Office of State Procurement

  • US Army Corps of Engineers, Little Rock District

  • US Department of Veterans Affairs

  • Veterans Business Outreach Center

The summit will conclude before noon. Online registration is required.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on X and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu/. Follow on X at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on X at @AgInArk.

Boozman, Cramer, Capito and colleagues file bicameral amicus brief to overturn FHWA’s unlawful rmissions rule

WASHINGTON – U.S. Senators John Boozman (R-AR), Kevin Cramer (R-ND) and Committee on Environment and Public Works Ranking Member Shelley Moore Capito (R-WV) led 27 of their colleagues in filing a bicameral amicus brief in the U.S. Court of Appeals for the Sixth Circuit opposing a final rule from the Federal Highway Administration (FHWA) that requires state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and set declining targets for those GHG emissions. The brief requests that the Court uphold the April 2024, U.S. District Court decision finding that Congress did not grant the FHWA the authority to issue the rule.

The brief argues Congress explicitly debated providing the FHWA the necessary authority to issue this rule, but decided against doing so in the Infrastructure Investment and Jobs Act. The FHWA then intentionally misconstrued congressional intent and used unrelated statutory authorities to attempt to justify issuing its GHG performance measure rule. The lawmakers also contend the rulemaking is inconsistent with recent Supreme Court decisions paring back executive branch overreach, and that FHWA is ignoring principles of federalism at the expense of state governments to further its own policy agenda.

“Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation, but [FHWA] contorted ancillary existing authorities to impose one anyway,” the members argued. “In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress.” 

“Put simply, when [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized. And it did so both at the expense of separation of powers and in violation of the Administrative Procedure Act,” the members continued

Senate Republican Leader Mitch McConnell (R-KY) and Senators John Barrasso (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Ted Cruz (R-TX), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Tommy Tuberville (R-AL) and Roger Wicker (R-MS) – as well as U.S. Representatives Sam Graves (R-MO-06), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-AR-01), Chairman of the Highways and Transit Subcommittee – also cosigned the brief. 

Full text of the amicus brief is available here.

 

Background:

Shortly after the rule was finalized, 21 state attorneys general, including Arkansas, filed litigation challenging the regulation. The U.S. District Court found the Biden administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under further consideration. 

In April of this year, the U.S. Senate approved a Congressional Review Act (CRA) joint resolution of disapproval overturning the rule by a vote of 53-47. The bipartisan measure was led by Cramer and cosponsored by Boozman, Ranking Member Capito and dozens of their colleagues.

Future of Eureka Springs tourism agency, funding on the November ballot

by Talk Business & Politics staff (staff2@talkbusiness.net)

Eureka Springs, one of Arkansas’ tourism hot spots, faces the possibility of losing more than $2 million a year in hospitality tax revenue that is used to promote the city, manage city tourism assets and support tourism events.

In 2023, the tax generated $2.05 million, down 1.4% compared with 2022 revenue.

A group of citizens unhappy with the Eureka Springs Advertising and Promotion Commission (CAPC) have managed to place an item on the November general election ballot to remove the city’s 3% hospitality tax on prepared food and on lodging. It only took 148 signatures in a town of around 2,500 to get the item on the ballot.

Mike Maloney, tourism director of the Eureka Springs City Advertising and Promotion Commission, understands why some would like to see the tax and the commission go away. He readily admits that the commission has a troubled past, including a revolving door of leadership, a lack of transparency and questionable actions related to event promotion.

Future of Eureka Springs tourism agency, funding on the November ballot

Eureka Springs Tourism - Talk Business and Politics

Decorative corn stalks bearing tar spot fungus reported in Arkansas

By Ryan McGeeney
U of A System Division of Agriculture 

LITTLE ROCK — A fungal disease that has caused yield losses in corn has recently been found in Arkansas — on decorative corn stalks, said Terry Spurlock, extension plant pathologist for the University of Arkansas System Division of Agriculture.

FOUND — Tar spot is visible on a stalk of corn that was included in a Halloween decor item purchased in Arkansas. (Image courtesy Jason Kelley.)

Tar spot, a disease caused by the fungus Phyllachora maydis, was first reported in the United States in Indiana and Illinois in 2015. Travis Faske, extension plant pathologist for the Division of Agriculture, said the disease has previously been noted in Canada and the Midwestern United States for several years but has so far only been confirmed in one southern state, Georgia.

While tar spot is known to be active in more than a dozen states, it has yet to be confirmed in commercial corn fields in Arkansas.

Origins and impact

Spurlock said that he and extension corn agronomist Jason Kelley visited multiple chain stores in central Arkansas, noting the fungus on corn included in fall decorations at multiple locations. Extension agents in several areas of the state have also reported the signs of the fungus on decorative items in retail stores.

Spurlock said some of the plants appeared to have originated at a farm in Illinois. The origins of the others are unclear and “depending on the store, they say either ‘product of the U.S.A.’ or ‘product of Canada.’

“There have also been reports of corn with tar spot being sold as fall decor in Texas, Oklahoma, Mississippi, Louisiana, Tennessee and Alabama,” he said, noting that each of those states produce significant amounts of corn.

Kelley said it is a “big unknown whether this disease will be found in an Arkansas corn field in the coming years. 

“Since the fungus has been brought into the state on decorative corn stalks, the chances of finding this disease on corn in coming years has definitely gone up,” Kelley said. “Can the disease be managed with foliar fungicides? Likely, but needs to be carefully managed and would likely add to production costs.”

Arkansas had 620,000 acres of corn in 2024. According to the Arkansas Agriculture Profile, the state’s corn crop was valued at $865 million.

Appearance

“The fungus produces circular lesions that are hard, black, raised spots that resemble flecks of tar,” Faske said. “However, the spots caused by the tar spot fungus do not rub off.

MAINLY MIDWESTERN — Tar spot in corn has been confirmed in more than a dozen Midwestern states. It was first identified in the United States in 2015. (Image courtesy USDA).

“Yield losses by the disease can be significant in areas where the fungus overwinters — Canada and the Midwest — when conditions favor disease development,” he said. “The fungus overwinters in corn debris and serves as the inoculum — the starting point for disease development in the subsequent cropping season.”

Spurlock said it was difficult to forecast the risks to commercial corn production unless the disease is confirmed in an active field.

“We do not know how important tar spot will be in future Arkansas corn crops,” Spurlock said. “However, to have disease, we need a susceptible host corn plant, a pathogen and an environment suitable for the pathogen to infect the host plant and reproduce.”

Faske said the disease could threaten farmers with increased management costs and reduced corn acreage. Because Arkansas’ climate differs significantly from the Midwestern states where tar spot is currently thriving, it’s unknown how well it might persist here, he said.

What to do

Spurlock said that individuals who have purchased corn that may carry the fungus should enclose the items in garbage bags and take them to the nearest Cooperative Extension Service office for proper disposal, to prevent the fungus from spreading. To find your local extension office, consult extension’s online directory.

“If that isn’t possible, then enclose it in a garbage bag and place it in a dumpster, preferably one away from production fields,” he said.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on X and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu/. Follow on X at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on X at @AgInArk.

Education Department releases provisional cut scores on new test

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

Two-thirds of Arkansas students in grades 3-10 scored below “proficient” in English language arts on the state’s new ATLAS end-of-year exam, according to a system of cut scores that Arkansas Department of Education officials recommended to the State Board of Education in a workshop Wednesday (Oct. 9).

The State Board will vote on approving the cut scores Oct. 10. If that happens, the department will further compute the data at individual, student, school and state levels, Secretary of Education Jacob Oliva said in a briefing with reporters prior to the workshop.

The Department of Education has been developing the new Arkansas Teaching and Learning Assessment System (ATLAS) for the past year and a half. It replaces the ACT Aspire.

Education Department releases provisional cut scores on new test

Incumbent U.S. Rep. Westerman faces Democratic attorney challenger

KUAR | By Josie Lenora

In Arkansas’ 4th Congressional District, Republican incumbent Rep. Bruce Westerman is running again to maintain control of the seat in the U.S. House of Representatives.

Westerman’s Democratic challenger is Risie Howard. Little Rock Public Radio emailed her and the state Democratic Party several times about an interview, and was sent a list of the same questions asked of Westerman. We received no response.

Howard is set to be at the Arkansas PBS debate with Westerman on October 10.

Howard is a lawyer in Pine Bluff, and is listed as being employed by the Arkansas Association of Criminal Defense Lawyers. Her website says she is a former science teacher and that she knows a lot about naval law, but she doesn't seem to have much of a campaign or online presence.

Incumbent U.S. Rep. Westerman faces Democratic attorney challenger

Challenger Risie Howard / U.S. Congressman Bruce Westerman

CD3 debate: Israel, abortion and immigration take center stage

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

U.S. Rep. Steve Womack, R-Rogers, said the United States shouldn’t tell Israel how to defend itself following the attacks on it by Hamas last Oct. 7. His Democratic challenger, Caitlin Draper, called for the United States to lead in creating a cease fire. Libertarian Bobby Wilson said the solutions would have to come from the region itself.

The three discussed that and other issues in a debate sponsored by Arkansas PBS on Tuesday (Oct. 8) that will be broadcast Oct. 9 and is available now on Arkansas PBS’ YouTube channel.

Womack said the initial attacks on Israel were imaginable and that the United States should not tell it how to respond.

CD3 debate: Israel, abortion and immigration take center stage

Marius Nagalo, Ph.D., First at UAMS to Receive NIH New Innovator Award

By Marty Trieschmann

LITTLE ROCK — A researcher at the Winthrop P Rockefeller Cancer Institute at the University of Arkansas for Medical Sciences (UAMS), Marius Nagalo, Ph.D., has received the prestigious New Innovator Award from the National Institutes of Health (NIH).

Granted directly from the NIH Director’s Office “this award supports early career investigators of exceptional creativity who propose bold and highly innovative research projects with the potential to produce a major impact on broad, important areas relevant to the NIH mission,” according to the NIH.

Nagalo is the first UAMS researcher to receive the New Innovator Award from the NIH, joining an elite group of previous award recipients from Stanford University, Harvard, Cornell, MIT, Penn, Duke, Yale, and the Cleveland Clinic.

Marius Nagalo, Ph.D., First at UAMS to Receive NIH New Innovator Award

Democrat challenges incumbent in Northwest Arkansas' 3rd Congressional District

KUAR | By Matthew Moore

For decades, beginning in 1874, Arkansas was a one-party state. And that party was the Democratic party. Governor, state assembly, land commissioner, U.S. Senate… nearly every elected official in the state was a Democrat.

“There’s one exception in the state of Arkansas, beginning in the 1960s.”

That’s John C. Davis, the executive director of the David and Barbara Pryor Center for Arkansas Oral and Visual History and the author of From Blue to Red: the rise of the GOP in Arkansas.

Democrat challenges incumbent in Northwest Arkansas' 3rd Congressional District

U.S. Congressman Steve Womack/Challenger Caitlin Draper

Arkansas Attorney General Tim Griffin welcomes more than 1,600 to Cybersecurity Summit featuring federal CISA Director

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement at the opening of his Cybersecurity Summit at the Statehouse Convention Center in cooperation with the FORGE Institute and featuring the Director of the federal Cybersecurity and Infrastructure Security Agency (CISA), Jen Easterly:

“You don’t have to look far to understand why cybersecurity matters. Look on the front page of today’s newspaper about China hacking three American telecom companies. Today, so much of our life is connected to each other: government, individuals, businesses, for example. I don’t think anyone can question the need for cybersecurity now.

“There are a lot of people out there who want to do you harm. Some are individuals that aren’t that smart and will get caught quickly. Some of them are highly sophisticated entities—such as criminal cartels—that want to do you harm. Some of them are aggressive nation-state actors, including China, Russia and Iran. If you have a home computer and a printer, and it’s connected to the Internet, you need to be cyber-secure. If you’re a big company or a small company, you need to be cyber-secure.

“When it comes to cybersecurity, we are only as strong as our weakest link. Success on this front requires a collective defense built on cooperation and collaboration.”

In addition to the opening chat between Griffin and Easterly about the role of CISA and tools being provided to Arkansas, speakers on the first day of the two-day summit included Congressman French Hill (AR-02), member of the House Intelligence Committee; Senator Tom Cotton (AR), member of the Senate Intelligence Committee; and Lee Watson, founder of the FORGE Institute. Congressman Rick Crawford (AR-01) will be the opening speaker on the second day of the summit on October 8.

Arkansas Attorney General Tim Griffin at 2024 Cybersecurity Summit in Little Rock, AR

U.S. Senator Tom Cotton to Werfel: Partisan Voter Registration Drives Violate Federal Law

Washington, D.C. — Senator Tom Cotton (R-Arkansas) today wrote a letter to the Internal Revenue Service Commissioner, Danny Werfel urging an investigation into the Voter Participation Center’s alleged partisan activities. This charity is targeting likely Democrat voters while excluding likely Republican voters through its voter-registration ads on social media. The IRS prohibits 501(c)(3) organizations from conducting partisan voter-education or voter-registration activities.

In part, Senator Cotton wrote:

Wikimedia Image

“According to the Washington Free Beacon, the Voter Participation Center is targeting likely Democrat voters and excluding likely Republican voters through its voter-registration ads on social media. The Voter Participation Center has instructed Facebook to exclude users from seeing ads if they expressed interest in ‘John Wayne,’ ‘Redneck Mud Club,’ ‘Daytona 500,’ ‘Duck Dynasty,’ and other topics associated with conservatives. On the other hand, the group instructed Facebook to target users interested in ‘hot yoga,’ ‘Charli XCX’ (who is closely associated with Kamala Harris’s presidential campaign), ‘Pitchfork Media,’ and other topics that tend to interest progressives.”

Full text of the letter may be found here and below.

October 3, 2024

The Honorable Danny Werfel

Commissioner

Internal Revenue Service

1111 Constitution Avenue, Northwest

Washington, DC 20224

Dear Commissioner Werfel,

I write regarding a tax-exempt charity that may be violating federal law. The Voter Participation Center is a 501(c)(3) charitable organization that reportedly engages in partisan voter-registration drives.

The IRS prohibits 501(c)(3) organizations from conducting partisan voter-education or voter -registration activities. The IRS states that a 501(c)(3) organization may only conduct voter-registration drives “if they are conducted in a neutral, non-partisan manner.” It further warns that a private foundation is subject to a tax if it uses funds for partisan voter-registration drives.

According to the Washington Free Beacon, the Voter Participation Center is targeting likely Democrat voters and excluding likely Republican voters through its voter-registration ads on social media. The Voter Participation Center has instructed Facebook to exclude users from seeing ads if they expressed interest in “John Wayne,” “Redneck Mud Club,” “Daytona 500,” “Duck Dynasty,” and other topics associated with conservatives. On the other hand, the group instructed Facebook to target users interested in “hot yoga,” “Charli XCX” (who is closely associated with Kamala Harris’s presidential campaign), “Pitchfork Media,” and other topics that tend to interest progressives.

The Voter Participation Center has spent over a million dollars on this ad drive. It has also paid over $50 million to Democrat micro-targeting firms. According to 26 U.S. Code § 4945(d)(2), these partisan expenditures must be taxed.

The IRS should immediately open an investigation into this organization.

Sincerely,

Tom Cotton

U.S. Senator 

NALC webinar will review liability challenges for equine, agritourism business owners

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — With the fall season comes visits to pumpkin patches, hayrides, corn mazes and petting zoos – but for owners of these attractions, risk and liability come along with visitors.

The National Ag Law Center's Oct. 16 webinar will discuss managing risk and liability in equine and agritourism operations. (Division of Agriculture photo)

“Agritourism is a huge industry, and continues to grow,” Rusty Rumley, senior staff attorney at the National Agricultural Law Center, or NALC, said. “It can diversify a farm’s income, but there is risk and liability associated with it for business owners.”

The 2022 Census of Agriculture showed a rise in the income generated from agritourism and recreational services, jumping from $949 million in 2017 to almost $1.26 billion in 2022.

With a growing industry comes the potential for liability, whether due to injuries or illnesses experienced by patrons.

“States around the country have implemented specific statutes that outline the responsibilities and liabilities for business owners who are involved in agritourism and equine-related activities,” Rumley said. “It’s important that owners are aware of these statutes and the limitations inherent in them as well. However, further risk mitigation tools such as liability insurance and proper planning are also needed to limit potential risk.”

Equine Activity & Agritourism Statutes: Strategies for Risk Management, the next webinar hosted by the NALC, will focus on states’ statutes and the strategies business owners can take to mitigate risk. The webinar will be presented by Rumley and Tim Potter, equine and animal scientist with a Ph.D. from Texas A&M University, and owner of Potter Consulting, LLC.

“The NALC hears about unique legal situations involving equine and agritourism frequently,” Rumley said. “These businesses have a lot to offer for both the owners and the community, but there are key risks involved that must be accounted for before opening their doors to the general public.”

The webinar is available at no cost. Registration is available online at the NALC website.

During the presentation, Rumley and Potter will also provide real-life examples of risks associated with the equine and agritourism operations as well as practical solutions to address these concerns.

“It’s a fascinating area of agricultural law,” Potter said. “While the fruits of business owners’ labor is visible, there is so much that goes on behind the scenes to ensure these practices are safe from potential risk and liability.”

Rumley said Potter’s years of experience with horses will be a huge benefit to webinar attendees curious about equine liability.

“Dr. Potter has owned horses his entire life and has consulted with many over the years on these animals, ranging from topics on health issues, to behavior, safety issues and more,” Rumley said. “He’s an excellent addition to our webinar series.”

Agritourism survey opportunity

The University of Vermont, in partnership with the NALC, is hosting an online survey to understand how many U.S. agricultural operations welcome visitors for education, research, direct sales, hospitality and entertainment. Those who have a farm, ranch, or other agricultural business open to visitors are encouraged to participate in the brief survey.

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.

Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.

If you are involved in agriculture, the NALC wants to hear from you. Take the NALC’s brief stakeholder survey online to help inform how the center serves the nation’s ag community.

Congressional Hostage Task Force Co-chairs Hill and Stevens lead letter to State Department to disincentivize hostage taking

WASHINGTON, D.C. - Rep. French Hill (R-AR) and Rep. Haley Stevens (D-MI), Co-Chairs of the Hostage Task Force in the House, led a letter together to Secretary of State Antony Blinken urging the State Department to develop additional tools to disincentivize wrongful detention, hostage taking, and discourage Americans from traveling to hostile nations.

In their letter, Rep. Hill and Rep. Stevens summarize four policy suggestions, which include forming joint penalties with allies against states that take hostages, developing a formal determination and designation of hostage-taking nations, using existing authority to restrict travel by U.S. citizens to nations that routinely take Americans, and strongly encouraging travelers to countries with a Level 4 Travel Warning to register with their local embassy and work with TSA to develop informational materials at airports.

To read the lawmakers’ full letter, please visit HERE:

Dear Secretary Blinken, We write to commend your work in helping to accomplish the largest prisoner exchange with Russia since the Cold War and bringing home Evan Gershkovich, Paul Whelan, and fourteen other Americans, Russians and Europeans imprisoned in Russia to their families. This deal underscores that too many of our fellow Americans are increasingly being wrongfully detained and held hostage by hostile governments and terror groups which treat our citizens as disposable geopolitical bargaining chips.

We recognize and applaud the important and difficult advances made across the Obama, Trump, and Biden administrations through the issuance of PPD-30 in 2015 and the passage of the Robert Levinson Hostage Recover and Hostage-Taking Accountability Act in 2020. The success of a multinational approach with Russia in this particular instance should be formalized more broadly to disincentivize wrongful detention and hostage taking. We were pleased to see the initial progress made with the signing of the 2021 Declaration Against Arbitrary Detention in State-toState Relations to disincentivize wrongful detention and hostage taking. Sharing of data and best practices amongst like-minded nations is an important first step.

Even so, the United States Government must do more. The taking of Americans as hostages continues despite significant action taken by the last three administrations to prevent this. In addition, we fear an increasing number of Americans will be taken abroad in future years unless the State Department develops additional tools to disincentivize these practices and more effectively discourages Americans from placing themselves in harms way in the first place.

We must build on our progress to disincentivize wrongful detention and hostage taking. As such, we urge you to:

1. Promote and coordinate ways to impose joint penalties with our allies and partners against states and individuals involved in hostage taking and wrongful detention, with the goal of concluding a declaration to urge multilateral sanctions against those credibly shown to have wrongfully detained a person.

2. Develop a formal rubric to determine and designate states as Hostage-Taking Nations. The United States should impose countermeasures against those states’ officials and diplomats (and their immediate family members), including restricting the travel radius for any officials visiting the United States on diplomatic visas. These restrictions could be tightened or loosened as Americans are either wrongfully detained or released from the custody of such nations, creating a carrot along with a stick.

3. Utilize the Secretary of State’s existing authority to restrict travel of U.S. citizens in the event of severe risks to their health and safety, recognizing that the existing waiver process provides for flexibility in this process. We are concerned by the growing number of Americans who require the assistance of the U.S. government to be evacuated or released from detention in countries already on the State Department’s Level 4 Travel Warning list. Unfortunately, many U.S. travelers either ignore these warnings or perhaps do not see them in the first place. We applaud the Department’s continued use of this authority since 2018 to restrict U.S. travel to the Democratic People’s Republic of Korea after the horrific detention and abuse of Otto Warmbier which resulted in his death. Such an added burden to travel would help discourage our citizens from taking unnecessary risks traveling to other known dangerous countries.

4. Strongly discourage American travelers whose final destination is a country with a Level 4 Travel Warning from traveling during their flight booking process and strongly encourage such travelers to register with the local embassy. Specifically, the State Department should consider partnering with the Transportation Security Administration to develop a system that could include elements such as posters in airports or informational briefings and acknowledgements of risks. The Department should also collect, analyze, and learn from U.S. visa data to better develop strategies to discourage Americans from traveling to the countries we warn them against visiting. This data should inform us whether our efforts to prevent such travel are succeeding or failing.

We cannot only be reactive to the growing plight of Americans taken abroad - the United States must take strong and decisive action now to prevent this stream of wrongful detentions and hostage-takings from turning into a flood. We stand ready to work with you to implement any of these initiatives.

We request a briefing on the Department’s plans to address these recommendations by 45 days from October 2, 2024.

Schizophrenia Conference Offers Education, Optimism

By Tim Taylor

Oct. 3, 2024 | The more than 250 people who attended the Arkansas Schizophrenia Conference, hosted by the University of Arkansas for Medical Sciences’ Psychiatric Research Institute, left the Sept. 27 event with information about the latest treatment approaches and promising findings.

With an audience of clinicians, therapists and support staff as well as law enforcement officials and family members of people diagnosed with schizophrenia, the event, held at the City Center in Little Rock, offered insight into a mental disorder that’s often misunderstood and misdiagnosed.

UAMS Chancellor Cam Patterson, M.D., MBA, welcomed attendees to the conference, while Laura Dunn, M.D., director of the Psychiatric Research Institute and chair of the Department of Psychiatry, recognized the conference participants and organizers.

Schizophrenia Conference Offers Education, Optimism

Arkansas Attorney General Tim Griffin co-leads challenge to federal rule that would reduce monitoring of prisoners' calls

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after he and Indiana Attorney General Todd Rokita filed a lawsuit on behalf of Arkansas, Indiana, and 12 other state attorneys general challenging the Federal Communications Commission’s (FCC) new rule that regulates phone service providers in prisons:

“The FCC can’t dictate to Arkansas prisons how they negotiate cost-sharing agreements with service providers, and it can’t arbitrarily and capriciously pre-empt state laws regulating prison operations. Funds derived from inmate phone use go toward covering needed security measures. Without proper security measures, what would stop inmates from conducting criminal operations over the phone? The FCC’s regulations are disconnected from the economic and practical reality of providing communication services to inmates, and they exceed the FCC’s statutory authority.

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“If these regulations go into effect, no one will benefit because prisons won’t be able to provide adequate security for phone calls prisoners make, and prisons may simply discontinue existing communication services, which means inmates won’t be able to make calls at all.”

Prisons negotiate contracts with communications service providers based on rate caps set by the FCC and use their portion of the revenue from these contracts to fund security measures and services that benefit inmates, including access to online legal libraries and remote religious services. The FCC’s new rule drastically reduces the rate caps, thereby making it nearly impossible for prisons to continue to invest in security measures to monitor calls.

Joining Griffin and Rokita on the lawsuit were the attorneys general of Alabama, Florida, Georgia, Idaho, Iowa, Missouri, Ohio, South Carolina, South Dakota, Tennessee, Utah, and Virginia.

To read a copy of the complaint, click here.

Judge rules against Crawford County Library’s ‘social section’ censorship

by Tina Alvey Dale (tdale@talkbusiness.net)

U.S. District Judge P.K. Holmes III ruled against Crawford County in a First Amendment lawsuit regarding the removal and relocation of books largely because of objections from citizens to LGBTQ content.

In his ruling, issued Monday (Sept. 30), Holmes said the books in question are to be returned to their original locations in the county’s libraries. (Link here for the ruling.)

Attorney Brian Meadors filed a federal complaint May 30, 2023, against book censorship actions by the Crawford County Public Library System. The Crawford County Library earlier in 2023 approved the relocation of books largely with LGBTQ content. Attorneys representing the Crawford County Library System argued that the relocation of LGBTQ books was not a First Amendment violation and instead “strikes a balance” that is “constitutionally compliant” and meets the standards of the community.

Judge rules against Crawford County Library’s ‘social section’ censorship

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