I will make clear in an opinion - unless the court's opinion is clear - that there is a privilege analogous to an evidentiary one, which courts should recognize and apply on case by case to protect confidential information. My vote turned on my conclusion - after hearing arguments of counsel and re-reading principal briefs - that we should not establish a constitutional privilege. If we did this, the problems that would flow from it would be difficult to foresee: e.g., applying a privilege of const. dimensions - to grand jurys, petite juries, congressional committees, etc... And who are "newsmen" - how to define?