A federal appeals court judge has paused the imposition of $800 daily fines against journalist Catherine Herridge, providing a temporary reprieve in her First Amendment case. The judge reversed a previous order that had compelled Herridge to pay the fines for refusing to identify confidential sources in her reporting.
This decision allows Herridge to avoid further daily penalties while she prepares to ask the Supreme Court to hear her case later this month. She will also be reimbursed for the $14,400 in fines she has already paid.
The case originated from Herridge's 2017 reporting for Fox News concerning Yanping Chen, a Chinese-American scientist under an FBI counterintelligence investigation. Chen initiated a lawsuit in 2018 against the FBI and other government agencies, alleging violations of the Privacy Act. Herridge became involved when Chen subpoenaed her, seeking the identities of her federal sources who had leaked records related to the investigation.
Herridge refused to disclose her sources, leading to a civil contempt finding in 2024 and the subsequent order to pay daily fines. She appealed this decision, but a district court judge, Christopher Cooper, denied her request to pause the fines. Friday's ruling represents a shift from Cooper's prior stance, which had drawn criticism from media organizations concerned about press freedom.
Cooper also rejected a motion to increase Herridge's daily fine from $800 to $5,000.
Media advocacy groups, including the Freedom of the Press Foundation, had characterized the earlier decision upholding the contempt order as a significant blow to press freedom. Fox News, which is funding Herridge's legal defense, echoed these concerns, stating that forcing a journalist to reveal sources threatens press freedom and chills investigative reporting essential for holding powerful entities accountable. Herridge's legal team has affirmed her commitment to protecting reporters' First Amendment rights and the confidentiality of their sources.