I. Introduction: History & Background

There is no definitive or authoritative law in Alaska concerning a news reporter's privilege. There are no significant appellate court rulings on the issue. There is a mediocre shield law that is of little consequence. However, the privilege has been asserted in a number of trial court cases over the past 25 years. In virtually all of these, the press interests have been represented by the author of this outline, and in none of them has a reporter been compelled to testify. This is true of both state and federal courts, civil and criminal cases (as well as at least one grand jury proceeding), and in cases not involving confidential sources as well as ones that did. In a much larger number of cases subpoenas or informal demands for testimony or work product of reporters have been successfully addressed without having to present the matter to a court. In at least one case, attorney fees were awarded to the press. The author is unaware of any case in which a reporter has been jailed or fined for failing to testify or produce documents.