II. Authority for and source of the right

The source of the reporters privilege lies in the Shield Law itself (Civil Rights Law §79-h), Article I, § 8 of the New York State Constitution and, arguably, the First Amendment to the U.S. Constitution. See O'Neill v. Oakgrove Construction, Inc., 71 N.Y.2d 521, 527-28, 528 N.Y.S.2d 1, 3 (1988) (recognizing qualified privilege for nonconfidential information under State Constitution and First Amendment); In re Beach v. Shanley, 62 N.Y.2d 241, 256, 476 N.Y.S.2d 765, 773 (1984) (Wachtler, J., concurring) (recognizing privilege against compelled disclosure of source as "a right guaranteed by the State Constitution"); People v. Troiano, 127 Misc.2d 738, 486 N.Y.S.2d 991 (Suffolk Co. Ct. 1985) (quashing subpoena on First Amendment grounds). But see, Gonzales v. NBC, 194 F.3d 29, 36 & n.6 (noting that prior decisions have expressed differing views as to whether the reporters privilege is constitutionally required or rooted in federal common law, but declining to decide the issue).