The United States Supreme Court has opted not to intervene in a case involving Catherine Herridge, a former Fox News journalist, who faces a daily fine of $800 for refusing to disclose her confidential source in stories concerning a Chinese American scientist, Yanping Chen. The scientist was investigated by the FBI but never faced charges.
Herridge, known for her investigative reporting, had her emergency appeal rejected by the Supreme Court in a decision that denies her request to halt the fine. Chief Justice John Roberts had previously issued a temporary stay, but the court, with Justice Brett Kavanaugh dissenting, ultimately decided against Herridge.
The journalist’s series for Fox News in 2017 scrutinized Chen’s alleged connections to the Chinese military, questioning whether Chen’s school in Virginia was used to gather intelligence on U.S. servicemembers. The reports drew on information that Chen’s legal team claims was leaked from an FBI investigation.
In response to the court’s decision, Fox News Media expressed its disappointment, stating, “Protecting the confidentiality of journalistic sourcing and the integrity of the newsgathering process is fundamental to a free and functioning democracy. While we are deeply disappointed by the Court’s decision, our commitment to defending these critical First Amendment principles remains unwavering and we will be reviewing our options to further fight this injustice.”
Herridge’s legal counsel has not yet commented on the matter. The disputed stories reportedly included excerpts from an FBI document, personal photographs, and immigration-related information, all supposedly part of the leaked materials.
Despite a six-year investigation, charges were never filed against Chen, who subsequently sued the FBI and the Justice Department in 2018, alleging her life was disrupted by the leak and subsequent media storm. The lawsuit claims the government breached the Privacy Act by disclosing her private information without consent.
To support her lawsuit, Chen’s attorneys argue they need Herridge to identify her source, a request upheld by U.S. District Judge Christopher Cooper, who deemed it necessary for the case. Herridge, after refusing to reveal her source during a deposition, was held in contempt, leading to the imposition of the fine.
The case has garnered attention from media advocates concerned that compelling journalists to reveal sources could deter insiders from sharing information that might expose governmental misconduct. Chen’s legal team insists that identifying the leaker is vital to proving the alleged Privacy Act violation.
Prior to her current status as an independent journalist, Herridge reported for both Fox News and CBS News.
