United States: Court Finds Catherine Herridge in Contempt of Court for Refusing to Disclose Confidential Sources

Women Press Freedom is outraged by the court’s decision which could have a chilling effect on journalism

Location: United States, Washington D.C.
Date: August 2, 2023
Updated: February 29, 2024

In a court decision with far-reaching implications for press freedom, veteran journalist Catherine Herridge has been held in contempt of court by a federal judge. The ruling stems from Herridge's refusal to reveal her confidential sources for a series of investigative reports published in 2017 during her tenure at Fox News. Herridge plans to appeal the judge's decision. Women Press Freedom urges the court to accept Herridge’s appeal and undo its decision to punish Herridge for upholding journalistic integrity and protecting her sources.

On February 29, 2024, a federal judge held journalist Catherine Herridge in contempt of court for her refusal to reveal her sources.

“We disagree with the district court’s decision, and to protect Ms. Herridge’s First Amendment rights, we intend to appeal,” Herridge’s lawyer told CNN after the ruling.

Judge Christopher Cooper ordered a daily fine of $800 until Herridge complies. The fine will not be implemented immediately to allow her time to appeal.

The case relates to Herridge’s 2017 Fox News story on an FBI investigation of an online school’s alleged ties to the Chinese military. Yanping Chen, a scientist at the heart of the exposé, subpoenaed Herridge and Fox News to reveal the source(s) behind Herridge’s stories. 

She alleges that federal authorities leaked information about her, violating the Privacy Act. 

After Herridge declined to reveal to the legal team of Chen the source of her information, Chen's lawyers requested that U.S. District Judge Christopher Cooper find the reporter in contempt. 

On August 2, 2023, a judge ruled that Catherine Herridge must participate in a deposition concerning identifying a confidential source or sources used for a series of articles she published. Herridge, interviewed under oath in September by Chen's attorney, refrained from responding to numerous inquiries about her sources. 

In his decision to hold Herridge in contempt, Judge Cooper acknowledged the significant implications of his decision for the press, recognizing the vital role of a free press and the importance of confidential sources in investigative journalism Despite this, Cooper ruled against the journalist stating it is the court's responsibility to uphold the law and maintain judicial authority.

Fox News opposed the decision, warning that the decision could endanger the work of journalists.

“Holding a journalist in contempt for protecting a confidential source has a deeply chilling effect on journalism,” a FOX News spokesperson said in a statement. 

Legal disputes regarding whether journalists should be compelled to reveal their sources are uncommon in the United States, though they have surfaced several times over the past couple of decades, particularly in cases involving the Privacy Act, such as the one initiated by Chen. In a similar case in 2008, journalist Toni Lacey was issued a contempt order for refusing to reveal her sources. The case involved army scientist Steven Hatfill who sued the government for being falsely implicated as a person of interest in 2001 anthrax attacks. When a settlement was reached between Hatfill and the Justice Department, the contempt order against Lacey was lifted.

Both cases raised important questions regarding the scope and protection of reporter's privilege — the legal principle that protects journalists from being compelled to reveal their confidential sources. Reporter's privilege is rooted in the First Amendment's protection of freedom of speech and freedom of the press. It enables journalists to speak and report without fear of state interference, preserving editorial independence and the integrity of journalistic practices.

Herridge’s case has also reinforced the importance of federal protection for journalists. The Protect Reporters from Exploitive State Spying (PRESS) Act, a federal shield law, will greatly enhance protections for journalists. The law was passed by the House in January and is still awaiting approval in the Senate. The law shields journalists' communications records from the government, with limited exceptions for cases involving terrorism and imminent violence. Shield laws protect journalists from being compelled to disclose information such as the identities of their sources. Women Press Freedom and fellow press freedom organizations are calling on the Senate to swiftly pass the PRESS Act, this vital piece of legislation needs to be enacted.

Women Press Freedom expresses deep concern over the court's decision to hold Catherine Herridge in contempt of court for protecting her sources. Reporter's privilege serves as a cornerstone, safeguarding the right of journalists to withhold information or sources in court proceedings. Compelling journalists to disclose sources or hand over information not only violates this fundamental right but also has a stifling effect on journalism, dissuading people from sharing information with reporters and impeding investigative journalism. This ultimately diminishes the public's access to vital information on matters of public interest. We strongly urge the court to carefully consider Herridge's appeal and rectify this unjust ruling, ensuring the protection of press freedom and journalistic integrity.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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