Supreme Court Declines To Stop Contempt Fines For Catherine Herridge After She Refused To Disclose Source


Source: Ted Johnson / deadline.com

High-Stakes Journalism Controversy

The Supreme Court has declined to intervene in a high-profile case involving Catherine Herridge, a veteran journalist who worked for Fox News. The court’s decision has sparked widespread debate about the balance between press freedom and the need to protect sources.

At the center of the controversy is a 2017 story that Herridge reported on, which revealed that Yanping Chen, a naturalized U.S. citizen and founder of the University of Management and Technology in Virginia, had affiliations with the Chinese military. The story also reported on an FBI investigation into Chen’s statements on immigration forms about her work in China in the 1980s.

Chen was not charged in connection with the investigation, but she sued the federal government, alleging that someone leaked information about her to Herridge and Fox News in violation of the Privacy Act. In response, Herridge refused to disclose her source, leading a U.S. District Court judge to impose an $800 per day fine for civil contempt.

Herridge’s attorneys argued that she had a qualified reporter’s privilege to shield the identity of her source, citing First Amendment protections. However, the lower courts rejected her position, finding that the qualified privilege balancing test did not apply in this case.

The Supreme Court’s decision not to intervene in the case has been met with disappointment from Fox News Media, which released a statement saying that it would continue to defend its commitment to protecting journalistic sourcing and the integrity of the newsgathering process.

Background on the Case

The case against Herridge began in 2017, when Chen sued the federal government over the alleged leak of information about her to Fox News. The lawsuit claimed that Herridge’s reporting had caused harm to Chen’s reputation and livelihood.

Chen’s attorneys argued that Herridge had a responsibility to disclose her source, citing the Privacy Act and the qualified reporter’s privilege. However, the lower courts found that the qualified privilege did not apply in this case, as the source was not a confidential informant but rather a government official who had leaked information to Herridge.

Herridge’s attorneys argued that the First Amendment protections afforded to journalists were at stake in the case. However, the lower courts rejected this argument, finding that the qualified privilege balancing test did not apply in this case.

The Supreme Court’s Decision

The Supreme Court’s decision not to intervene in the case has significant implications for the future of press freedom and the role of journalists in society. The court’s decision has been met with disappointment from Fox News Media, which has vowed to continue defending its commitment to protecting journalistic sourcing and the integrity of the newsgathering process.

The case highlights the ongoing debate about the balance between press freedom and the need to protect sources. While journalists argue that they have a responsibility to protect their sources, the government argues that it has a responsibility to protect the public’s right to know.