Former Fox News Correspondent's Refusal to Disclose Source Lands in Judge's Hands
CBS News correspondent Catherine Herridge is facing a critical decision as she refuses to disclose her sources from her time at Fox News With a court order at stake, her fate hangs in the balance
Catherine Herridge faces potential contempt of court charges.
In a late-September deposition, the CBS News senior investigative correspondent declined to disclose her source(s) for a series of 2017 stories she reported on during her time at Fox News. This refusal was in direct defiance of a court order issued earlier this year by the U.S. District Court for the District of Columbia, which Herridge's camp will likely appeal. The court order was a result of a lawsuit filed by Chinese American scientist Yanping Chen against the Federal Bureau of Investigation. Fox News had reported that Chen was the subject of a federal probe, and Chen alleges that federal authorities violated the Privacy Act by leaking information about her.
In an attempt to strengthen her argument, Chen issued a subpoena to Herridge and Fox News, aiming to uncover the source(s) behind the stories. Fox News and Herridge strongly resisted, arguing that the subpoenas should be dismissed due to the First Amendment protections given to the press. However, Cooper disagreed and issued a different order, stating that "Chens need for the requested evidence outweighs Herridges qualified First Amendment privilege in this particular case."
This paved the way for Herridge's deposition on September 26, during which the experienced journalist was repeatedly questioned about how she obtained the information for her 2017 stories. Herridge politely refused to answer numerous such inquiries.
"Will you tell me who that source was?" a lawyer for plaintiff Chen asked.Â
"Objection; privilege," Herridges lawyer exclaimed.
"Are you going to decline to answer that question?" Chens lawyer asked.Â
"Respectfully, yes," Herridge answered.Â
Throughout the duration of the deposition, Herridges' refusal to disclose her source(s) did not sit well with Chen. Chen's camp formally requested the court to reprimand her in a filing that was made public on Tuesday.
"Without facing repercussions, Herridge lacks motivation to adhere to the Court's order. Consequently, Dr. Chen urges the court to grant compensatory sanctions to her and enforce a continuous, coercive financial penalty to be paid to the Court, compelling Herridge's compliance with the Order," states the motion filed by Dr. Chen. "Given the evident and convincing proof of Herridge's defiance of the August 1, 2023 Order, with no valid justification for such defiance, it is justifiable to find her in contempt and impose sanctions."
The motion, which seeks to hold Herridge in contempt and impose substantial financial penalties on her for refusing to violate the essential journalistic principle of safeguarding source confidentiality, garnered immediate support from CBS News and Fox News.
"Fox News endorses Ms. Herridge's stance in this matter. It is unjust to compel journalists to reveal confidential sources," stated a representative from Fox News.
"We wholeheartedly support Catherine Herridge's position in this particular instance. No journalist should face repercussions for upholding the confidentiality of their sources," affirmed a spokesperson from CBS News in a distinct statement. "This motion for contempt should alarm all Americans who acknowledge the importance of a free press in our democracy and recognize that reliance on confidential sources is vital to the purpose of journalism."
The court's direction has also raised concerns among independent third parties. Floyd Abrams, the renowned First Amendment lawyer who gained fame for his involvement in the Pentagon Papers case, described the judicial order as "deeply troubling."
Abrams explained, "Such an order not only compromises the journalist's ability to protect the identity of their confidential sources, but it also hinders all journalists in gathering information on newsworthy subjects. The Department of Justice implemented new Guidelines in 2021 that significantly restricted its ability to pursue the identification of confidential sources. It would be beneficial if a similar level of restriction applied to all cases involving the search for journalists' sources."
Abrams' point has sparked a renewed push for Congress to enact legislation that strengthens federal protections for journalists. In June, a bipartisan group of lawmakers reintroduced the PRESS Act, also known as the Protect Reporters from Exploitative State Spying Act. This proposed legislation aims to provide crucial safeguards for journalists, such as prohibiting the government from forcing reporters to disclose their sources. Caitlin Vogus, the deputy director of advocacy at the Freedom of the Press Foundation, expressed that Chen's excessive demands for sanctions exemplify why contempt orders in cases involving reporter's privilege impede journalism. Vogus emphasized that many reporters would be deterred from challenging an unconstitutional order that requires them to reveal confidential sources due to the significant and escalating sanctions requested by Chen.
"Chen's demand for Herridge to personally assume responsibility for the sanctions is particularly alarming," expressed Vogus. "This will deter other journalists, who may not have the means to wage a legal battle or face severe penalties, from guaranteeing source confidentiality. Consequently, fewer whistleblowers will feel compelled to share information with the media, leading to a reduction in the disclosure of noteworthy news to the public."
