Journalist's Testimonial Privilege: On Tuesday, Rep. Aaron Pena filed HB 382. If passed, this bill would give journalists the privilege of keeping sources confidential. HB 382 would amend the Texas Civil Practice and Remedies Code by adding section 22.012. Section 22.012(b) provides that:

"Except as provided by Subsections (c) and (e), no judicial, legislative, administrative, or other body with the power to issue a subpoena or other compulsory process shall compel a journalist to testify, produce, or otherwise disclose in an official proceeding any confidential or nonconfidential information, document, or item legally obtained or prepared while acting as a journalist."

Subsections (c) and (e) provide a statutory basis for compelling disclosure.

Yesterday, the Texas House Judiciary Committee held a hearing on the bill. A summary of that hearing (and the arguments in support of, and against, the bill) can be found here in an article in today's Austin American Statesman.

With the current definition of "journalist," traditional bloggers would not receive the privilege despite the fact that many traditional media outlets now have blogs and their reporters would receive the benefit of the privilege. It seems to me that if the privilege is going to apply to a blogger for the Austin American Statesman (see Staff blogs on Statesman.com and Austin360.com) it should also apply to bloggers out there like the Burnt Orange Report (or TLB for that matter).