Protect Fayetteville F/k/a Repeal 119 Paul Sagan Peter Tonnessen and Paul Phaneuf, State of Arkansas…

Summary

The court held that although the appeal was moot because the underlying controversy had been resolved, it would decide the privilege issues under the substantial-public-interest exception to mootness. It held that Arkansas's Speech and Debate Clause affords legislators a privilege against certain discovery and testimony extending beyond literal floor statements and acts, and that the Arkansas Constitution's separation-of-powers provisions establish an executive privilege. The court reversed the circuit court's contrary rulings and dismissed the appeal.