Catherine Herridge, a senior investigative correspondent for CBS News, may face contempt of court charges for refusing to disclose her sources for a series of stories she reported on while at Fox News. The court filing, made public on Tuesday, revealed that Herridge declined to reveal her source(s) during a deposition in late September. This defiance directly contradicted a court order issued earlier in the year by the U.S. District Court for the District of Columbia.
The court order came as a result of a lawsuit filed by scientist Yanping Chen against the Federal Bureau of Investigation (FBI). Herridge had reported, based on documents reviewed by Fox News, that Chen was the subject of a federal probe. Chen alleged that federal authorities leaked information about her, violating the Privacy Act. In an effort to prove her case, Chen subpoenaed Herridge and Fox News to reveal the sources for the stories. However, Herridge and Fox News fought against the subpoenas, arguing that the First Amendment protected the press from revealing sources. The court disagreed and ordered Herridge to disclose the sources, stating that the need for evidence in Chen’s case overruled Herridge’s First Amendment privilege.
During the deposition, Herridge politely declined to answer numerous questions about how she obtained the information for her stories. Chen’s lawyer repeatedly asked Herridge to reveal her source, but Herridge’s lawyer objected, citing privilege. In response to the question, Herridge respectfully declined to answer.
Chen’s camp was not satisfied with Herridge’s refusal and filed a motion asking the court to hold her in contempt and impose financial sanctions. They argued that without consequences, Herridge had no reason to comply with the court’s order. The motion requested compensatory sanctions for Chen and a continuing, coercive financial sanction payable to the court to compel Herridge’s compliance. The motion also called for a finding of contempt and the imposition of sanctions due to Herridge’s defiance of the court order.
Both CBS News and Fox News expressed their support for Herridge in this case, emphasizing the importance of protecting source confidentiality for journalists. The court’s direction in this matter raised concerns among independent third parties, including Floyd Abrams, a renowned First Amendment attorney. Abrams called the judicial order “deeply troubling” and highlighted the impact it could have on journalists’ ability to gather information.
Herridge’s case has reignited calls for Congress to pass legislation that solidifies federal protections for journalists. The bipartisan Protect Reporters from Exploitative State Spying Act, also known as the PRESS Act, has been reintroduced by lawmakers to provide safeguards for journalists, including preventing the government from compelling reporters to disclose their sources.
Chen’s request for sanctions has raised concerns about the chilling effect it could have on journalism and the willingness of whistleblowers to come forward. It may discourage reporters from promising confidentiality to their sources, resulting in less newsworthy information being revealed to the public.
Overall, the case involving Catherine Herridge’s refusal to disclose her sources has sparked a broader discussion about the importance of protecting press freedom and source confidentiality in journalism.
