II. Authority for and source of the right

The Oklahoma Supreme Court has treated Branzburg as recognizing a qualified First Amendment privilege. Taylor v. Miskovsky, 1981 OK 143, 640 P.2d 959. The Tenth Circuit, of which Oklahoma is a part, has utilized a tripartite balancing test to determine whether a constitutional privilege applies. Silkwood v. Kerr-McGee, 563 F.2d 433 (10th Cir. 1977). Oklahoma also has a qualified statutory privilege.