Supreme Court of Arkansas

Mark Myers and Jane Doe v. Amy Fecher

December 16, 20212021 Ark. 230

Summary

The court held that the circuit court erred by treating all of the Blackberry Messenger communications as public records based on their overall relationship context. The Arkansas Freedom of Information Act required a content-based review of each individual message and segregation of private and public communications. The court reversed and remanded for that review and for any necessary privacy balancing after classification.