Supreme Court Declines Intervention in Journalist Contempt Case Over Confidential Source
The Supreme Court has refused to intervene in a case involving veteran journalist Catherine Herridge, who faces an $800 daily fine for not disclosing her source in stories about a Chinese American scientist, Yanping Chen. This decision follows an emergency appeal by Herridge, which the court has denied. Chief Justice John Roberts initially paused the fine, but the court, with Justice Brett Kavanaugh dissenting, has now decided against Herridge’s appeal.
In 2017, Herridge authored reports for Fox News that explored Chen’s alleged connections to the Chinese military, suggesting that a professional school in Virginia founded by Chen might be used to obtain information about U.S. servicemembers. Despite a six-year investigation, Chen was never charged. In response to the leak of sensitive information, Chen initiated a lawsuit against the FBI and the Justice Department, citing violations of the Privacy Act.
The court documents reveal that Herridge’s reports contained leaked details, including excerpts from an FBI interview summary, private photographs, and information from Chen’s immigration documents. The legal battle has resulted in U.S. District Judge Christopher Cooper ordering Herridge to disclose her source in a deposition, asserting that Chen’s need for this information outweighs Herridge’s right to protect her source.
Fox News Media expressed disappointment with the Supreme Court’s decision, emphasizing the importance of protecting journalistic sources. “Protecting the confidentiality of journalistic sourcing and the integrity of the newsgathering process is fundamental to a free and functioning democracy,” the network stated. They are exploring further options to challenge the ruling.
The case has drawn significant attention from media advocacy groups, who argue that compelling journalists to reveal sources could deter individuals from exposing government misconduct. Bruce Brown, president of the Reporters Committee for Freedom of the Press, stated, “Journalists facing contempt should not have to muster large payments to the court while they seek to vindicate First Amendment rights.”
Chen’s legal team argues that identifying the source of the leak is crucial to their case. Attorney Andrew Phillips remarked, “Dr. Chen, like any other American citizen, is entitled to discover the identity of the federal official(s) who abused their access to an American’s private information and leaked it to cause her harm.”
Catherine Herridge, who previously worked for Fox News and CBS News, is currently working as an independent journalist. Her attorneys have yet to issue a statement regarding the Supreme Court’s ruling.
