Federal judge rules Alaska governor must allow political journalist to attend press briefings, governor drops appeal

After being denied admittance to the press conferences of Alaska Gov. Mike Dunleavy (R), online political writer Jeff Landfield sued his administration, claiming it had infringed on his constitutionally protected Free Speech. A federal judge issued an injunction Jan. 22, 2021, in favor of Landfield, citing the First Amendment rights of the press in his ruling. 

Key Players

Jeff Landfield is an Alaska resident, a former independent state senate candidate, and owner of the website, The Alaska Landmine. Started as a political news blog in 2017, the website covers events surrounding the Alaska legislature and state government.

Gov. Mike Dunleavy assumed his office in December 2018. He was formerly a Republican member of the Alaska State Senate.

Further Details

After a personnel change in the governor’s communications department in October 2019, Landfield, who at the time held an Alaska State Legislature press pass, no longer received invitations to press conferences. When briefings moved into a virtual environment because of the COVID-19 pandemic, Landfield again gained access, but he often did not receive notices of scheduled press conferences. The administration had begun keeping a “media advisory list” — of which Landfield was not a part — in order to alert the press of events via email, according to the injunction.

“I’m treated like a second class or second-tier person,” Landfield told KTOO in December 2020.

After being denied an opportunity to pose a question at a press conference in early December, Landfield contacted a law firm, which sent a letter to the Dunleavy administration saying it was violating his constitutional rights by barring him from press conferences. 

When the governor’s office did not respond, Landfield filed a lawsuit on Dec. 22, 2020, in U.S. District Court for Alaska. 

The governor’s office argued that, as a blog, The Alaska Landmine differs from “traditional media,” KTOO News reported. Attorneys from the Alaska Department of Law contended that because the governor’s office does not credential members of the media, it does not set standards for press conference admittance and cannot be accused of violating the First Amendment, according to The Associated Press.

On Jan. 22, 2021, federal Judge Joshua Kindred issued an injunction requiring Dunleavy’s communications team to invite Landfield to media briefings. Kindred ruled Landfield had been denied due process, writing that members of the media have a First Amendment right to be invited to press conferences.

Outcome 

Dunleavy  required to invite Landfield to press briefings

While Kindred’s ruling allowed Landfield to gain access to scheduled press conferences, the injunction stipulated that such access “does not include a broader right of engagement, and thus, the Governor possesses the discretion to refrain from calling on [Landfield and others] or answering their questions.” 

Governor’s office appeals, subsequently settles lawsuit

On Feb. 23, Dunleavy filed a notice of appeal with the 9th U.S. Circuit Court of Appeals to determine, once and for all, whether he had to permit Landfield into press conferences, the Anchorage Daily News reported. 

But the appeal process ceased March 1, when Dunleavy’s office agreed to grant Landfield access to news conferences and to pay him $65,000 to settle the lawsuit, the Daily news reported. The following day, Dunleavy filed a “stipulation to dismiss” the suit entirely. 

After the settlement was reached, Dunleavy’s press office said in a tweet that the matter had been “settled to the mutual satisfaction of both parties. We are happy to say this amicable settlement will put this dispute behind us,” the Associated Press reported.