1. TEXAS STATUTES ON PRIVILEGES
P. JANICKE
2010

2. JOURNALIST’S PRIVILEGE
FEDERAL CASE LAW CREATES A QUASI-PRIVILEGE: MUST EXHAUST OTHER POSSIBLE AVENUES OF EVIDENCE FIRST
TEXAS HAS A STATUTE CREATING THIS PRIVILEGE:

3. JOURNALIST’S PRIVILEGE IN CIVIL CASES Tex. Civ. Prac. & Rems. Code §22
COVERS PERSONS WHO DO NEWS GATHERING OR DISSEMINATION
FOR A SUBSTANTIAL PORTION OF THEIR LIVELIHOOD OR
FOR SUBSTANTIAL FINANCIAL GAIN
COVERS THEIR EMPLOYER COMPANIES
ALSO COVERS UNIVERSITY SCHOLARS AND RESEARCHERS

4. PUBLICATION OF THE INFORMATION BY A NEWS MEDIUM IS NOT A WAIVER
THE PRIVILEGE:
TO REFUSE TO DISCLOSE ANY INFORMATION COLLECTED IN THAT CAPACITY, WHETHER OR NOT CONFIDENTIAL
TO REFUSE TO DISCLOSE SOURCES
PUBLICATION OF THE INFORMATION BY A NEWS MEDIUM IS NOT A WAIVER

5. LIMITS: COURT CAN ORDER DISCLOSURE BY JOURNALIST IF:
NO OTHER WAY TO OBTAIN THE EVIDENCE
SUBPOENA IS NARROWLY DRAFTED
INTEREST OF JUSTICE OUTWEIGHS PUBLIC INTEREST IN NEWS FLOW
THE NEWS ARTICLE, BROADCAST, ETC., ITSELF IS NOT PRIVILEGED (WILL BE ADMISSIBLE IF COMPLIANT WITH THE OTHER RULES OF EVIDENCE, ESPECIALLY HEARSAY)

6. JOURNALIST’S PRIVILEGE IN TEXAS CRIMINAL CASES TEX. CODE. CRIM. PROC
JOURNALIST’S PRIVILEGE IN TEXAS CRIMINAL CASES TEX. CODE. CRIM. PROC. ART
SIMILAR TO THE CIVIL PRIVILEGE, EXCEPT:
NO SOURCE PRIVILEGE IF A FELONY IS COMMITTED IN JOURNALIST’S PRESENCE, AND NO OTHER WAY TO PROVE IT
NO SOURCE PRIVILEGE IF SOURCE ADMITTED COMMISSION OF A FELONY, AND NO OTHER WAY TO PROVE IT
NO SOURCE PRIVILEGE IF PROBABLE CAUSE EXISTS THAT SOURCE COMMITTED A FELONY, AND NO OTHER WAY TO PROVE IT

7. NO SOURCE PRIVILEGE IF INFO IS OBTAINED BY BREACH OF GRAND JUROR’S DUTY OF SECRECY
NO SOURCE PRIVILEGE IF DISCLOSURE OF SOURCE IS NEEDED TO PROTECT LIFE OR PREVENT SERIOUS BODILY HARM

8. INFORMATION (OTHER THAN SOURCE) PRIVILEGE:
TRACKS THE CIVIL RULE
JUDGE CAN ORDER DISCLOSURE IF NECESSARY AND NARROWLY TAILORED
INTER ALIA, MUST HAVE INDEPENDENT EVIDENCE THAT A CRIME HAS OCCURRED

9. ABROGATION OF PRIVILEGES IN CHILD-ABUSE CASES TEX. FAM. CODE §261.202
ALL PRIVILEGES VANISH IN PROCEEDINGS “REGARDING THE ABUSE OR NEGLECT OF A CHILD”
EXCEPT: ATTORNEY-CLIENT PRIVILEGE
MAIN PURPOSE: TO BLOCK MARITAL COMMUNICATION PRIVILEGE