Independent journalist James O’Keefe has pioneered the exposing of corruption through the use of undercover recording devices. The list of big stories he’s broken is unparalleled.
But Republican Gov. Mike Dunleavy is sponsoring a bill that would all but shut down O’Keefe’s ability to conduct his unique investigations in Alaska.
Two years ago in Alaska, O’Keefe’s investigator secretly recorded one of Sen. Lisa Murkowski’s campaign staff admitting the senior senator was backing rank choice voting. That was something Murkowski, up to that point, had not admitted.
O’Keefe’s most famous investigation involved secretly recording Planned Parenthood officials bragging about selling for profit body parts of aborted babies in California.
Dunleavy’s bill, SB85, would require “all-party consent” before recording a conversation. Current Alaska law and the law of 36 other states only require one party consent before starting a secret recording. Most of the states that have all-party consent, interestingly, lean heavily Democrat: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.
This bill would mean that every individual involved in a private communication must agree before its details can be recorded. The ambiguity of the provision raises concerns for journalists.
Read Dunleavy’s transmittal letter to the Legislature at this link.
Many of O’Keefe’s investigations target bureaucrats and politicians and expose government corruption.
Dunleavy’s bill would have different standards for the public and the government. Independent journalists or citizens would not be able to secretly record a conversation with a government official unless all parties agree, but government officials can continue to record with only one-party consent.
Critics say this is a dangerous double standard considering the recent rampant prosecutorial abuse under former Democrat President Joe Biden involving the Department of Justice, the IRS, the FBI, and local district attorneys.
Under Dunleavy’s bill, if a citizen or independent journalist secretly records a government official or politician admitting to taking a bribe or committing a crime, it’s the citizen or journalist that would be in violation of the law.
Dunleavy’s bill also has no exception for a potential whistle blower wanting to expose corruption at a government agency using a secret recording of co-workers to do so.
Since Dunleavy’s bill greatly restricts press freedom, it may face court challenges. Courts have sometimes protected secret recordings under the First Amendment when they serve a compelling public interest (e.g., exposing corruption). However, SB 85’s broad language offers no such safeguard, potentially inviting litigation.
It seems as though independent and often conservative journalists like O’Keefe are the only reporters attempting to expose government corruption. Legacy media outlets like the Anchorage Daily News, KTUU, and Alaska Public Media seem incurious about government waste, fraud, and abuse.
If Dunleavy’s bill passes, it could be a major set back for conservative journalism in Alaska.
Dan Fagan reports and writes columns for Must Read Alaska. He’s covered Alaska politics for close to 30-years. He currently hosts a morning drive radio talk show on 1020 am 92.5 and 104.5 fm on KVNT. For news tips, email Dan at [email protected]
