II. Authority for and source of the right

The Tenth Circuit first formally recognized and adopted the reporter's privilege under the First Amendment following the Supreme Court's ruling in Branzburg v. Hayes, 408 U.S. 665 (1972). As a result of the Branzburg decision, the Tenth Circuit affords newsgatherers a qualified privilege under the First Amendment against revealing news sources and confidential information. See Silkwood v. Kerr-McGee Corp., 563 F.2d 433, 438 (10th Cir. 1977). Lower court cases within the Tenth Circuit have extended the privilege to other unpublished information, including non-confidential material, see infra Section III. E., and to published information. See infra Section III. F.