Anti-SLAPP protection

Alaska does not have an anti-SLAPP law.

Helpful cases

Although Alaska lawmakers have never passed an anti-SLAPP law, these cases in the state reflect principles that anti-SLAPP laws are meant to uphold: protecting free speech on public issues, imposing higher burdens of proof on public figures alleging defamation, and deterring meritless lawsuits through the awarding of attorney’s fees to defendants.

Olivit v. City and Borough of Juneau (2007)

Jake Olivit, Sr. sued the Juneau Empire newspaper and reporter Tony Carroll, as well as city officials, alleging defamation, invasion of privacy and intentional infliction of emotional distress. Olivit claimed an article published by the Juneau Empire, which described his lawsuits against the city and police harassment allegations, were defamatory and maliciously intended to discredit him. The court, however, found that the statements either were not defamatory or were conditionally privileged as they related to matters of public concern. The court awarded attorney’s fees to the defendants.

Mt. Juneau Enterprises v. Juneau Empire (1995)

Mount Juneau Enterprises sued the Juneau Empire newspaper for libel, alleging two articles published by the newspaper defamed them. The court determined Charles Keen, the main figure in the company, was a public figure and granted summary judgment in favor of the Juneau Empire. The court concluded that the plaintiffs failed to present sufficient evidence that the newspaper acted with actual malice. The superior court awarded the Juneau Empire more than half of its claimed attorney’s fees. Mount Juneau Enterprises appealed, but the Alaska Supreme Court upheld the lower court’s decision.

Legislative activity

No current legislative activity.

Of note

Alaska is one of 16 states that does not have an anti-SLAPP law.