State Evidentiary Privileges in Federal Civil Litigation

EVIDENTIARY PRIVILEGESsure, 8 based largely on the concept that such privileges "foster socially desirable confidences."9 With this public policy in mind, a number of commentators have stated that evidentiary privileges are themselves "rights" entitled to full faith and credit or comity.10 The prevailing views in the courts appear to agree, t I although the Supreme Court has not spoken definitively on the subject.Nevertheless, the desirability 8.The most recently created "privilege" is the so-called "journalists' privilege" which is the result of legislation during the past decade in a score of states.See, e.g.. Ala.Code tit. 7, § 370 (1960); Alaska Stat.§ 09.25.150(1973); Ariz.Rev. Stat.Ann.§ 12-2237 (Supp.1974); Ark. Stat.