Catherine Herridge has petitioned the US Supreme Court to review an order requiring her to pay an $800 daily fine for refusing to identify confidential sources. Judge Christopher R Cooper clarified that the payments are on hold until Herridge has an opportunity to present her case to the court.
The dispute stems from 2017 reporting about Yanping Chen, a Chinese-American scientist who was investigated by federal authorities but not charged. Herridge has repeatedly refused to disclose who provided information for those stories.
Why the source dispute reached court
Chen sued four federal agencies under the Privacy Act, alleging that government officials unlawfully disclosed her personal information to Herridge. After deposing government officials, Chen’s legal team said it could not identify the source and asked the court to compel Herridge to provide the information.
The judge agreed that Herridge was Chen’s remaining avenue for obtaining information needed to pursue the case. Herridge, who is a witness rather than the original defendant, argues that supplying evidence against the government is not a journalist’s role.
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Key points
- Herridge was found in civil contempt in 2024.
- She paid the $800 daily sanction for 18 days before the payments were paused.
- Chen’s 2018 lawsuit targets the FBI, Justice Department, Defense Department and Homeland Security.
- Washington DC has no reporter shield law, unlike some US states.
What happens if the petition fails
Unless the Supreme Court intervenes or the dispute is settled, the daily fines could resume until Herridge reveals her source or sources. If she refuses to pay, she could face criminal contempt proceedings and imprisonment.
Chen’s lawyer, Andrew Phillips, argues that Chen’s rights as a citizen should take precedence over any special protection for a journalist. Press freedom advocates, including Seth Stern of the Freedom of the Press Foundation, argue that forcing journalists to identify confidential sources could discourage whistleblowers from approaching reporters.
The financial pressure on Herridge
Herridge has said the fines are intended to pressure her both mentally and financially. Her former employer, Fox News, has continued to pay for her legal representation despite her having left the network seven years ago.
Chen’s legal team recently sought graduated fines that could rise to $5,000 a day and asked that Herridge be barred from receiving third-party reimbursement. The judge rejected that request, so Fox News can continue covering her legal fees for now.
What happens next
The Supreme Court will decide whether to take up Herridge’s petition. The daily payments remain paused while she has the opportunity to plead her case.
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