Full Breakdown
Supreme Court Review of Fox News Reporter’s Source-Protection Fight
By Drooid · · How we work
Legal Battle Over Reporter Privilege
Former Fox News investigative reporter Catherine Herridge has petitioned the Supreme Court to block a federal court order that compels her to reveal the confidential sources behind her 2017 reporting on Yanping Chen, a Chinese-American businesswoman who ran the University of Management and Technology in Arlington, Virginia. A district judge held Herridge in civil contempt and imposed a daily penalty of $800 for each day she refuses to comply; the U.S. Court of Appeals for the D.C. Circuit affirmed that order, prompting the current appeal.
Background of the Investigation
Herridge’s series alleged that Chen, a former colonel in the People’s Liberation Army, concealed her military background while obtaining U.S. immigration benefits and operating a university that enrolled U.S. service members using Department of Defense tuition-assistance funds. The reporting cited photographs of Chen in a Chinese uniform and raised concerns about the school’s collection of detailed service-member data, including training and professional histories. After the articles ran, the Pentagon’s national-security review led to the termination of the university’s eligibility for approximately $200,000 a month in taxpayer-funded tuition assistance.
Court Proceedings and Penalties
Federal authorities previously investigated Chen for possible immigration violations and counter-intelligence issues, but the Eastern District of Virginia declined to bring charges. Chen later sued the federal government, alleging that officials improperly disclosed her private records to Herridge in violation of the Privacy Act and seeking identification of those officials. Herridge refused to name her sources, arguing that forced disclosure would erode journalists’ ability to obtain sensitive information from government officials and whistleblowers. The contempt order and daily fine remain in effect while the Supreme Court considers the petition.
Implications for Journalism
The case spotlights a long-standing split among federal appeals courts over how to evaluate a journalist’s claim of privilege in civil litigation. Herridge’s filing contends that the D.C. Circuit applied an overly narrow test focused on the plaintiff’s need for the information, ignoring the strength of the underlying lawsuit and potential national-security harms. Fox News Media continues to fund Herridge’s legal expenses despite her departure from the network in 2019. A Supreme Court ruling could reshape the legal landscape for reporter-source protection in the United States.