The U.S. Supreme Court has upheld a daily fine imposed on former Fox News journalist Catherine Herridge after she refused to disclose her sources for articles about a scientist under FBI investigation. The court’s decision has alarmed press advocates, according to reports.
On Thursday, the Supreme Court sided with a lower court ruling that allows for Herridge’s fines to continue, a decision that carries broader implications for journalistic practices.
Herridge’s case centers on articles she wrote in 2017 regarding Yanping Chen, a Chinese-American researcher investigated by the FBI for alleged ties to the Chinese military and possible immigration fraud. The FBI concluded its investigation without filing charges against Chen, a year before Herridge and her colleagues published their report.
In 2018, Chen sued the FBI and other government agencies, claiming violations of privacy laws for sharing her information with Herridge.
During the legal proceedings, Chen’s attorneys argued that Herridge’s assertion of source protection is a veil that conceals the identity of federal officials who may have illegally mishandled sensitive documents, causing harm to an ordinary citizen.
The Court’s Ruling
U.S. District Judge Christopher R. Cooper ordered Herridge to reveal her confidential sources. In 2024, she was found in civil contempt for failing to comply with this order. Judge Cooper stated that the need for information from the scientist outweighed the protections granted to Herridge under the First Amendment.
“Ms. Herridge and many in the journalism community may disagree with this decision and prefer a different balance, but she is not permitted to violate a federal court order without consequences,” Judge Cooper wrote.
A three-judge panel from the D.C. Circuit Court upheld the decision, and the full court declined to review the case again. Herridge’s lawyers argued that revealing her sources’ identities would undermine her credibility as a journalist, whose confidentiality assurances should be trusted.
They contended that the unfavorable ruling erodes First Amendment protections and could hinder coverage of matters of public interest.
In addition to her emergency request, Herridge separately asked the Supreme Court to review the underlying decisions of the lower courts.
Response from Fox News Media
In a statement released Thursday, Fox News Media expressed disappointment with the court’s ruling but reaffirmed its commitment to defending fundamental First Amendment principles. The network stated, “We will explore our options to continue the fight against this injustice.”
Andrew Phillips, attorney for Chen, praised the ruling, asserting that Chen, like any American citizen, has the right to know the identity of federal officials who have misused access to private information and disclosed it to cause her harm.
The Reporters Committee for Freedom of the Press has called on the court to overturn the sanctions imposed for contempt against Herridge. Bruce D. Brown, the committee’s president, remarked, “Journalists accused of contempt should not be forced to pay large sums to the court while trying to defend their First Amendment rights.”
“Forcing them to betray source confidentiality invariably harms the free flow of information to the public,” added the statement from the committee.
