Reporter Appeals to Supreme Court to Protect Confidential Sources

Former investigative reporter Catherine Herridge is seeking Supreme Court intervention to shield her confidential sources, as a legal battle intensifies over her refusal to identify who provided information for a 2017 report. A federal court has ordered her to pay $800 daily for contempt of court.

The case centers on Herridge's reporting on Yanping Chen, a Chinese American businesswoman who ran a university frequented by U.S. military personnel. Herridge's reporting raised questions about Chen's alleged past as a colonel in China's People's Liberation Army and the potential compromise of sensitive information regarding American service members.

Following the report, the Department of Defense ceased its taxpayer-funded tuition assistance to Chen's university, which had been receiving approximately $200,000 per month, after a national security review. Chen, who was investigated by federal authorities but never charged, is now suing the federal government. She alleges that her private records were improperly disclosed to Herridge, violating the Privacy Act, and seeks to compel the reporter to identify her sources as part of this litigation.

Herridge's legal team has asked the Supreme Court to review the legal standard used in civil cases to compel journalists to disclose confidential sources. They argue that the lower courts did not adequately consider the broader context of Chen's lawsuit, including national security findings by the Pentagon and the viability of Chen's claims against the government.

The dispute highlights a long-standing disagreement among federal appeals courts regarding reporter's privilege, an issue the Supreme Court has not comprehensively addressed in over fifty years. Herridge's 2017 report, published while she was at Fox News, included images appearing to show Chen in a Chinese military uniform and examined allegations that she had hidden her military service when seeking U.S. immigration benefits. The report also raised concerns about the university collecting data on American service members, with a whistleblower alleging that this information could be accessed from China.

Federal authorities had previously investigated Chen for immigration violations and counterintelligence concerns, but prosecutors did not bring charges. Herridge's appeal contends that the D.C. Circuit applied a narrow legal test, focusing too narrowly on whether Chen needed the information for her lawsuit and had exhausted other avenues to obtain it. Her legal team argues that courts should also weigh the strength of the underlying lawsuit and the potential impact of compelling source disclosure, especially when national security sources are involved.

Fox News Media has continued to support Herridge's legal efforts, including covering her legal fees, despite her departure from the network in 2019. A federal judge found Herridge in civil contempt for refusing to disclose her sources, a decision upheld by the U.S. Court of Appeals for the D.C. Circuit, leading to her petition to the Supreme Court.