A federal judge in Washington is considering whether to hold a journalist in contempt for refusing to reveal her sources in a case involving a Chinese American scientist investigated by the FBI. The journalist, Catherine Herridge, was previously ordered to be interviewed under oath about her sources for stories about Yanping Chen, who was investigated for potential immigration form fraud related to her work on a Chinese astronaut program. Chen has sued the government, claiming that details of the investigation were leaked to damage her reputation.
Chen’s attorneys are now requesting that U.S. District Judge Christopher Cooper hold Herridge in contempt, which could result in significant fines until she complies. This case raises important questions about press freedom and the rights of individuals to seek compensation for privacy violations by the government. Media advocates argue that forcing journalists to reveal their sources could discourage potential whistleblowers from coming forward with information about government wrongdoing.
The judge acknowledged the importance of a free press and the role of confidential sources in investigative journalism, but determined that Chen’s need for the evidence outweighed Herridge’s First Amendment privilege in this case. The stories published by Herridge in 2017 examined Chen’s alleged ties to the Chinese military and her involvement in a professional school in Virginia that may have been used to gather information about American servicemembers for the Chinese government.
During her interview under oath, Herridge declined to answer questions about her sources, citing her First Amendment rights and the potential damage to her credibility and career if she were forced to reveal them. Both Fox News, Herridge’s former employer, and CBS News, her current employer, expressed support for her position, emphasizing the chilling effect that sanctioning a journalist for protecting a confidential source would have on journalism and the public’s access to information.
Legal battles over source confidentiality are rare but have occurred in cases involving privacy violations. In some instances, the Justice Department has settled lawsuits rather than forcing journalists to reveal their sources. Chen’s lawyers are seeking fines that would increase over time until Herridge discloses her source.
Journalists have a limited privilege to protect their sources, but courts have ruled that this privilege can be outweighed by a need for the information if other avenues of obtaining it have been exhausted. While many states have laws protecting reporters from subpoenas and forced disclosure of sources, there is currently no federal shield law. Advocates argue that cases like Herridge’s highlight the need for such legislation to ensure the free flow of information and the ability of journalists to fulfill their roles in a democratic society.
