A closer examination of thecase law has led the U.S. Court of Appeals for the Second Circuit to reverseitself and recognize that non-confidential information collected by journalistsis protected by a qualified privilege.

Amending a decision issuedalmost a year ago, a three-judge panel in Gonzales v. NBC, 97-9454,also made clear that it is easier for a civil litigant seeking informationfrom a non-party press entity to overcome the privilege on non-confidentialmaterial than it is when the material is confidential.

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