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U.S. judge delays ruling on Arkansas' motion to dismiss LEARNS Act lawsuit • Arkansas Advocate

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U.S. judge delays ruling on Arkansas' motion to dismiss LEARNS Act lawsuit • Arkansas Advocate


A federal judge on Friday postponed a final decision on most of Arkansas’ motion to dismiss a lawsuit over the “indoctrination” portion of the governor’s education overhaul law.

In a 60-page order issued shortly before 5 p.m., Judge Lee Rudofsky of the U.S. District Court for the Eastern District of Arkansas in Little Rock said he was holding most of the state’s dismissal motion “in abeyance.” 

But he granted the part of the motion involving the plaintiffs’ claims that Section 16 of the LEARNS Act on its face violates the equal protection clause of the 14th Amendment. He directed the plaintiffs and defendants to submit additional briefs on whether Section 16 as it is applied is discriminatory.

Little Rock Central High School parents, students and teachers filed the lawsuit in March against Gov. Sarah Huckabee Sanders and Education Secretary Jacob Oliva. 

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One of the plaintiffs, Ruthie Walls, teaches AP African American Studies, a course that received scrutiny after Sanders signed an executive order banning “indoctrination” on her first day in office. 

Similar language was later incorporated into the LEARNS Act. The state education department abruptly removed a pilot version of the AP course from its list of approved courses days before the start of the 2023-2024 school year last August.

Attorneys for the state and plaintiffs argued their case regarding the motion to dismiss in an October hearing that ended without a ruling from the judge.

Walls said after October’s hearing that, while the course is now fully accredited and students are earning AP credit for completion, she struggles to provide students with detailed explanations of the “fast and rich” curriculum because she isn’t sure what falls under the state’s definition of Critical Race Theory, one of the subjects included in the anti-indoctrination provision.

U.S. District Judge Lee P. Rudofsky (Courtesy photo)

Rudofsky issued a narrowly tailored preliminary injunction in May preventing the state from enforcing the provision of the LEARNS Act that proscribes what can be taught in certain courses regarding race, gender and sexuality. The state appealed that injunction to the 8th U.S. Circuit Court of Appeals, which has decided it wants to hear oral arguments. A hearing date has not been set.

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Under the preliminary injunction Rudofsky granted in May, Arkansas teachers can discuss Critical Race Theory, but they may be disciplined for “[compelling a] student to adopt, affirm, or profess a belief in a theory, ideology or idea (including Critical Race Theory) that conflicts with the principle of equal protection under the law.”

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Reasons for delaying 

Rudofsky’s rationale in holding off on ruling on most of the state’s motion to dismiss involves waiting for the appeals court to resolve what he describes as unsettled legal questions regarding the free speech rights of teachers and students in a classroom setting.

Much of his Friday order deals with whether the plaintiffs made compelling arguments for their claims that the LEARNS Act’s anti-indoctrination provision on its face violates the equal protection clause and affects African Americans disproportionately.

“If discussing the idea and history of Critical Race Theory is allowed — and only compelling a student to believe in Critical Race Theory is prohibited — the Court struggles to understand how anyone is adversely impacted,” Rudofsky wrote in one part of his analysis.

The judge cites differing interpretations of the 14th Amendment’s anti-discrimination provisions in his reasoning on granting that part of the state’s motion to dismiss.

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“Many Americans of good faith strongly believe that the answers to the racial problems we face as a country lie in governmental and societal color-blindness,” he wrote. 

Treating people differently based on race is morally and often constitutionally abhorrent to such Americans, he says, and they believe suggesting that racism affects every part of society “makes racial problems worse, not better.”

Other Americans of good faith, however, “strongly believe otherwise,” he wrote.

“To these Americans,” he says, “the answers to our racial problems lie, at least partially, in recognizing that race often matters, that certain groups (including African Americans) have long been discriminated against by both government and private society, and that active measures are necessary to rectify past injustices and present inequality.”

These citizens see treating people differently based on race as “often morally and constitutionally acceptable or even obligatory,” Rudofsky wrote. And they see an emphasis “on racial identity, systemic racism and unconscious bias” as necessary to dealing with the historic effects of racism, he added.

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“These Americans see color-blindness as a pretense that reinforces racial inequality by refusing to confront systemic racism and unconscious bias. They believe there is a ‘legal and practical difference between the use of race-conscious’ measures to harm (or exclude) disfavored groups and the use of such measures to help (or include) them,” the judge wrote.

In adopting the LEARNS Act, “a majority of elected lawmakers seem to hold the colorblind view,” he wrote. The plaintiffs seem to contend that applying the colorblind view to legislation “is tantamount to discriminatory intent or purpose.”

“It is not,” Rudofsky wrote. “Plaintiffs may not like the colorblind view. Plaintiffs may think that those who hold this view are wrong or ignorant or even naïve. But that’s a world away from intentional discrimination.”

The facts presented by the plaintiffs don’t allow him to reasonably infer that “discriminatory intent or purpose was a motivating factor in the enactment of the LEARNS Act’s anti-indoctrination provision,” he wrote in dismissing the plaintiffs’ facial equal protection claims.

Friday’s order gives defendants until Jan. 31 to file additional briefs on their motion to dismiss limited to the plaintiffs’ Equal Protection claims regarding the anti-indoctrination provision as it has been applied. Plaintiffs’ briefs on the issue are due Feb. 28, and the defendants’ reply brief on March 14.

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Arkansas’ U.S. senators talk with farmers, map out timeline for assistance | Arkansas Democrat Gazette

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Arkansas’ U.S. senators talk with farmers, map out timeline for assistance | Arkansas Democrat Gazette


Cristina LaRue

clarue@adgnewsroom.com

Cristina LaRue covers agriculture for the Arkansas Democrat-Gazette. She started her career as a journalist in 2017, covering business and education for the Northeast Mississippi Daily Journal, later covering the crime and courts beats near the U.S.-Mexico border for the USA Today network, and education for the El Paso Times. She is a graduate of Texas State University.

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Arkansas PBS to drop PBS, rebrand as Arkansas TV

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Arkansas PBS to drop PBS, rebrand as Arkansas TV


Arkansas PBS, the statewide network operated by the Arkansas Educational Television Commission, announced Thursday that it will drop PBS programming and change its name to Arkansas TV.

The current PBS contract ends June 30, 2026, and local viewers will start seeing the branding change across platforms over the next several months. Starting next summer, the organization plans to deliver “several new local shows, as well as favorites from the last 60 years,” according to a news release.

For the time being, the broadcast lineup will change little, according to the release. Arkansas TV will be the third public television station or network to formally cut ties with PBS, following WEIU-TV in Charleston, Ill., and WSRE in Pensacola, Fla.

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The decision follows the organization’s loss of approximately $2.5 million to its annual budget due to the rescission of federal funding by Congress. In the release, Arkansas TV said continuing to pay its annual PBS membership dues of nearly $2.5 million was “simply not feasible for the network or our Foundation.”

The eight-member AETC voted 6-2 at a meeting Thursday not to renew the PBS contract. Arkansas’ governor appoints AETC members to eight-year terms.

Wing

The discussion was led by new Arkansas TV CEO Carlton Wing, who was appointed to the role in September and replaced Courtney Pledger, who resigned in May. Wing said the network has been able to survive fiscal year 2026 “by dipping into reserves and by some unprecedented fundraising from our foundation. That’s not a long-term business strategy.”

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Wing is a former Republican state representative and is also co-founder of the Wing Media Group, which produces lifestyle content about outdoor activities such as fishing and hunting. He said Arkansas TV plans to produce about 70% of its programs locally, with the remaining 30% coming from American Public Television and the National Educational Telecommunications Association.

“I have already had multiple meetings with people who have never even thought about doing business with public television before that are now very interested with an Arkansas-centric focus, because most of our programming has not been Arkansas,” Wing said. “In fact, 5.5% of our programming is locally-produced.”

Before the vote, commission member Annette Herrington said the foundation could cover PBS dues for at least another year. “I think this decision doesn’t have to be made today,” she said.

“We come back a year later and end up potentially making the same decision, however, with far less of a financial cushion to make that decision,” replied Wing, who said waiting could drain the foundation’s coffers.

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Harrington and commission member Cynthia Nance voted no to cutting PBS.

Arkansas PBS signed on in 1966 and became a PBS station in 1970. In its release, the network said PBS content will continue to be accessible in “a number of ways.”

In an FAQ on its website, Arkansas TV directs viewers seeking to continue their PBS Passport member benefits to WKNO-TV in Memphis, Tenn.; Ozarks Public Television in Springfield, Mo.; Mississippi Public Broadcasting; Louisiana Public Broadcasting; and the Oklahoma Educational Television Authority.

Arkansas TV will also drop PBS Kids programming and the Create and World channels. The network will have “award-winning children’s programming that’s been created locally over the last several years, and we’re planning even more for the future,” it says on its website.

The new branding for Arkansas TV drops the blue color associated with PBS.

“We’ve got a great lineup coming in 2026 with two children’s series, two food-related series, two history series, and even more that are in the initial phases of development and fundraising,” it adds.

During the meeting, Arkansas TV CFO James Downs said he estimates an annual cost of $969,000 for programming going forward, comprising $500,000 for new local productions and $469,000 for acquisitions.

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The FAQ page says the Arkansas PBS Foundation will be renamed and that there are no plans to close it. The network says it is hoping that current donors and members will continue to support it.

The change was met with criticism online. In one Facebook post, multiple viewers said they would transfer their monthly donations to other PBS stations to maintain access to their favorite programs. “I cannot believe that the Arkansas educational TV organization would vote to walk away from DECADES of quality programming!” viewer Ken Howard wrote. “My family will be transferring our donations and our support to PBS.org. Very shortsighted decision!”

At least two viewers called the move a “bait and switch,” pointing out that the state network had asked for donations in the months following the rescission yet dropped PBS.

“I bet this comment section isn’t going the way you wanted it to,” wrote viewer Amy Bradley-Hole.

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Arkansas’ 2026 schedule unveiled

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Arkansas’ 2026 schedule unveiled



FAYETTEVILLE, Ark. – Arkansas will open the Ryan Silverfield era at home on Sept. 5 against North Alabama as part of a home schedule that features seven home games, including five Southeastern Conference games as part of the league’s first-ever, nine-game conference slate.

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The Razorbacks open the season inside Donald W. Reynolds Razorback Stadium against North Alabama on Sept. 5. Coach Silverfield will coach his first game as the Head Hog in the program’s first-ever meeting with Lions. Another program first awaits the following week with a trip to Utah (Sept. 12) for the first football game between the two schools. The road game at Utah will be the Hogs’ third at a Big 12 opponent in five seasons following trips to BYU in 2022 and Oklahoma State in 2024.

Arkansas returns home to Fayetteville for back-to-back games with its first Southeastern Conference game of the season against Georgia on Sept. 19. The Bulldogs’ visit to Razorback Stadium will be the team’s first since 2020 when the two teams squared off in the season opener. Arkansas’ final non-conference game of the season is set for Sept. 26 vs. Tulsa. The matchup will be the 74th in a series that dates back to 1899.

A three-game stretch to start October features games at Texas A&M (Oct. 3) and at Vanderbilt (Oct. 17) with a home game against Tennessee (Oct. 10) in between. The trip to Texas A&M will be Arkansas’ first since 2020 and the trip to Vanderbilt will be the first for the Razorbacks since 2011 and mark just the 11th meeting all time between the two programs. Despite joining the SEC in 1992, the Hogs and the Commodores have played just seven times with only three coming in Nashville.

Arkansas’ bye week is set for Oct. 24 before wrapping up the month with a home game against Missouri (Oct. 31). The Battle Line Rivalry moves up the schedule from its traditional final game slot for the first time since Mizzou joined the league. The Razorbacks and Tigers have closed every regular season – except the pandemic-shortened schedule in 2020 – against each other since 2014.

November begins with a trip to Auburn (Nov. 7) before closing the season at home in two of the final three regular season games. South Carolina makes the trip to Fayetteville on Nov. 14 for the first time since 2022. A return trip to Texas (Nov. 21) serves as the final road game on the slate. The Battle for the Golden Boot returns to its regular season finale position on the schedule on Nov. 28. Arkansas and LSU battled on the final weekend of the regular season from 1992 when the Hogs joined the SEC through the 2013 season.

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Football season ticket renewals will take place from January 20 through March 31. New season tickets can be purchased by clicking here. All new season ticket purchasers will have the opportunity to relocate their season ticket locations during Razorback Seat Selection in April. Additional season ticket inventory will be made available following the seat selection process.

2026 Arkansas Football Schedule
Date – Opponent
Sept. 5 North Alabama
Sept. 12 at Utah
Sept. 19 Georgia*
Sept. 26 Tulsa
Oct. 3 at Texas A&M*
Oct. 10 Tennessee*
Oct. 17 at Vanderbilt*
Oct. 24 Bye
Oct. 31 Missouri*
Nov. 7 at Auburn*
Nov. 14 South Carolina*
Nov. 21 at Texas*
Nov. 28 LSU*
*Southeastern Conference game



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