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The Supreme Court will not "create and apply an evidentiary privilege unless it 'promotes sufficiently important interests to outweigh the need for probative evidence.'" University of Pennsylvania v. E.E.O.C., 493 U.S. 182, 189, 107 L. Ed. 2d 571, 110 S. Ct. 577 (1990) (quoting Trammel, 445 U.S. at 51). Moreover, because the "testimonial exclusionary rules and privileges contravene the fundamental principle that the public has a right to every man's evidence, any such privilege must be strictly construed." Id. (quoting United States v. Bryan, 339 U.S. 323, 331, 94 L. Ed. 884, 70 S. Ct. 724 (1950), and Trammel, 445 U.S. at 50) (internal quotation marks and ellipses omitted). "Exceptions to the demand for every man's evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth." United States v. Nixon, 418 U.S. 683, 710, 41 L. Ed. 2d 1039, 94 S. Ct. 3090 (1974).

The Supreme Court will not "create and apply an evidentiary privilege unless it 'promotes sufficiently important interests to outweigh the need for probative evidence.'" University of Pennsylvania v. E.E.O.C., 493 U.S. 182, 189, 107 L. Ed. 2d 571, 110 S. Ct. 577 (1990) (quoting Trammel, 445 U.S. at 51). Moreover, because the "testimonial exclusionary rules and privileges contravene the fundamental principle that the public has a right to every man's evidence, any such privilege must be strictly construed." Id. (quoting United States v. Bryan, 339 U.S. 323, 331, 94 L. Ed. 884, 70 S. Ct. 724 (1950), and Trammel, 445 U.S. at 50) (internal quotation marks and ellipses omitted). "Exceptions to the demand for every man's evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth." United States v. Nixon, 418 U.S. 683, 710, 41 L. Ed. 2d 1039, 94 S. Ct. 3090 (1974).

The Fifth Circuit views the role of courts in expanding privileges as a limited one. "Privileges are based upon the idea that certain societal values are more important than the search for truth. There is no question that the doctrine of privilege or immunity from testifying has been narrowly proscribed." In re Dinnan, 661 F.2d 426, 429 (5th Cir. Unit B Nov. 1981), cert. denied, 457 U.S. 1106, 73 L. Ed. 2d 1314, 102 S. Ct. 2904 (1982). "Judge-made privileges have fallen into disfavor." Id. (footnote omitted). "There has been a notable hostility on the part of the judiciary to recognizing new privileges." Id. at 430 (footnote omitted). Privileges are strongly disfavored in federal practice. American Civil Liberties Union v. Finch, 638 F.2d 1336, 1344 (5th Cir. Unit A Mar. 1981). "While a number of new privileges have been established recently, they generally have been statutorily created." Dinnan, 661 F.2d at 429 (footnote omitted).

The Fifth Circuit views the role of courts in expanding privileges as a limited one. "Privileges are based upon the idea that certain societal values are more important than the search for truth. There is no question that the doctrine of privilege or immunity from testifying has been narrowly proscribed." ''[[In re Dinnan]]'', 661 F.2d 426, 429 (5th Cir. Unit B Nov. 1981), cert. denied, 457 U.S. 1106, 73 L. Ed. 2d 1314, 102 S. Ct. 2904 (1982). "Judge-made privileges have fallen into disfavor." Id. (footnote omitted). "There has been a notable hostility on the part of the judiciary to recognizing new privileges." Id. at 430 (footnote omitted). Privileges are strongly disfavored in federal practice. American Civil Liberties Union v. Finch, 638 F.2d 1336, 1344 (5th Cir. Unit A Mar. 1981). "While a number of new privileges have been established recently, they generally have been statutorily created." Dinnan, 661 F.2d at 429 (footnote omitted).

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