A federal judge held veteran Fox News reporter Catherine Herridge in civil contempt for refusing to reveal her confidential source in a 2017 investigative series about a Chinese American scientist, Yanping Chen, who sued the FBI and Justice Department over an alleged Privacy Act violation.
The judge imposed an $800/day fine unless Herridge identifies her source.
U.S. District Judge Christopher Cooper noted that he “recognizes the paramount importance of a free press in our society” and the critical role of confidential sources in investigative journalism. But the judge said the court “also has its own role to play in upholding the law and safeguarding judicial authority.”
“Herridge and many of her colleagues in the journalism community may disagree with that decision and prefer that a different balance be struck, but she is not permitted to flout a federal court’s order with impunity,” he wrote.
Media advocates say this could deter sources from providing information exposing government wrongdoing.
Herridge’s lawyer plans to appeal. Chen’s lawsuit claims the government leaked private details to smear her reputation after an FBI probe found no charges over statements made in immigration forms for work with China’s astronaut program.
“Such misconduct should not be without recourse just because a rogue government official happens to launder his or her wrongdoing via a journalist,” attorney Andrew Phillips wrote. “Today’s ruling is an important one to ensure that government officials can be held to account for outrageous abuses of power.”
Herridge declined in a deposition to name sources for stories relying on leaked FBI documents and photos about the investigation.
“My understanding is that the courts have ruled that in order to seek further judicial review in this case, I must now decline the order, and respectfully I am invoking my First Amendment rights in declining to answer the question,” Herridge said.
The judge said Chen’s need to know outweighs reporter’s privilege, but others argue forcing sources’ identification undermines investigative journalism’s role in democracy.
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