The Supreme Court earlier today declined to halt an $800-a-day fine against former Fox News reporter Catherine Herridge for refusing to disclose her confidential source in a case that has alarmed press freedom advocates. The justices turned down Herridge’s emergency appeal without explanation, though Justice Brett Kavanaugh indicated he would have granted her request to stay the fines.
Herridge, a veteran investigative journalist, was held in civil contempt in February 2024 after she refused to answer questions about her sources during a deposition. A federal appeals court in Washington upheld that contempt finding in September 2025, and the fines were set to begin accruing following the Supreme Court’s decision. The case stems from reporting Herridge published for Fox News in 2017 examining ties between a Virginia-based educational institution and the Chinese military.
The lawsuit was filed in 2018 by Yanping Chen, a Chinese American scientist who founded the University of Management and Technology in Arlington, Virginia. Chen alleged that one or more government officials violated the Privacy Act by leaking information about an FBI investigation into her and her school to Herridge. The six-year FBI investigation never resulted in charges against Chen.
U.S. District Judge Christopher Cooper ruled in 2023 that Chen’s need to identify the alleged leaker outweighed Herridge’s First Amendment right to protect her sources. When Herridge sat for a deposition but refused to name her sources, Cooper held her in contempt and imposed the $800-per-day fine, which was to accrue until she complied or the legal process concluded.
The case has drawn intense scrutiny from press freedom organizations. Bruce Brown, president of the Reporters Committee for Freedom of the Press, warned that forcing journalists to reveal sources undermines the free flow of information. “Journalists facing contempt should not have to muster large payments to the court while they seek to vindicate First Amendment rights,” Brown said. “And forcing them to betray source confidences always has a harmful impact on the free flow of information to the public.”
Fox News expressed disappointment in the Supreme Court’s decision. “Protecting the confidentiality of journalistic sourcing and the integrity of the newsgathering process is fundamental to a free and functioning democracy,” the network said in a statement. “While we are deeply disappointed by the Court’s decision, our commitment to defending these critical First Amendment principles remains unwavering and we will be reviewing our options to further fight this injustice.”
Herridge left Fox News in 2019 and later joined CBS News before being laid off in 2024. She is now an independent reporter and podcaster. Former Solicitor General Paul Clement has entered the case on her behalf, signaling a major legal battle ahead. Herridge may still petition the Supreme Court to take up the lower court rulings that require her to disclose her source, though fines will likely continue to accumulate in the interim. There is also a possibility that the daily fines could be increased or that she could be jailed in an effort to coerce her compliance.
Sources
- AP News — Supreme Court’s rejection of Herridge’s emergency appeal, details of the contempt ruling, and statements from Fox News and the Reporters Committee for Freedom of the Press
- Politico — Supreme Court’s decision, Kavanaugh’s position, Paul Clement’s involvement, and background on the Privacy Act lawsuit
- Freedom of the Press Foundation — Timeline of the appeals court decision and contempt fine
