A Huge Blow to Freedom of the Press

A D.C. Circuit panel has unanimously upheld a civil contempt finding against former Fox News reporter Catherine Herridge for refusing to reveal an anonymous source. The dispute stems from a privacy lawsuit filed by scientist Yanping Chen, who claims her rights were violated when leaked FBI records about her immigration status were used in Herridge's reporting. The three-judge panel ruled that Chen had successfully overcome the reporter's First Amendment privilege by proving the source's identity was central to her case and that she had exhausted all alternative options. Writing for the panel, U.S. District Judge Gregory Katsas rejected the request to establish a broader federal common law privilege for newsgathering, stating that the court would not create discovery exemptions for journalists that do not exist for other citizens. If Herridge does not successfully appeal the decision, she faces an $800 daily fine until she complies with the subpoena.

A Fox News Media spokesperson slammed the DC Circuit’s decision in an emailed statement: “The court’s decision denying rehearing in Catherine Herridge’s case is a troubling setback for press freedom and the First Amendment. Forcing journalists to reveal confidential sources undermines the role of a free press and creates a chilling effect on journalism across the country.”