II. Authority for and source of the right

North Dakota has codified the reporter's privilege in N.D.C.C. § 31-01-06.2. The most recently reported case was in 1982, Grand Forks Herald v. District Court ex rel. Grand Forks County, 322 N.W.2d 850 (N.D. 1982). The court recognized that other jurisdictions have recognized the Branzburg rule as conferring a First Amendment privilege on news gatherers. As a response to the Branzburg decision, the North Dakota legislature adopted section 31-01-06.2.