Catherine Herridge Appeals $800-a-Day Source Disclosure Order to Supreme Court
Updated
Updated · Fox News · Oct 26
Catherine Herridge Appeals $800-a-Day Source Disclosure Order to Supreme Court
3 articles · Updated · Fox News · Oct 26
Summary
Herridge asked the Supreme Court to block a federal order forcing her to identify confidential sources, after lower courts held her in civil contempt and imposed an $800 daily penalty.
The dispute stems from her 2017 reporting on Yanping Chen, a Chinese American businesswoman alleged to have ties to China’s PLA; Chen says officials unlawfully leaked her private records to Herridge and needs the sources identified for her Privacy Act suit.
Herridge’s petition says the D.C. Circuit used too narrow a test in compelling disclosure, focusing on Chen’s need for the information rather than also weighing the strength of the lawsuit and the broader harm to press freedom.
The filing argues the case carries national security implications: Herridge’s reporting helped trigger a Pentagon review that cut roughly $200,000 a month in military tuition assistance to Chen’s university.
At stake is a broader split among federal appeals courts over reporter’s privilege in civil cases, an issue the Supreme Court has not comprehensively revisited in more than 50 years.
How can citizens seek justice for illegal government leaks if reporters are granted absolute immunity to hide sources in civil lawsuits?
What secret national security risks are hidden in the sealed Pentagon documents justifying the termination of the military tuition program?
Under Threat: Catherine Herridge, Escalating Contempt Fines, and the Crisis of Reporter Protections in Federal Court
Overview
The Catherine Herridge case began with her 2017 investigative reporting on Yanping Chen and UMT’s ties to the Chinese military, which led the Department of Defense to cut off UMT’s federal funding and caused Chen to lose her job. In response, Chen filed a Privacy Act lawsuit against the government, alleging officials leaked confidential records to Herridge. When officials denied leaking, Chen subpoenaed Herridge to reveal her sources. Herridge refused, resulting in civil contempt fines and a legal battle that escalated through the federal courts, highlighting the lack of federal shield laws and the risks journalists face when protecting confidential sources.