Judge Halts Catherine Herridge's $800 Daily Fine as She Appeals Source-Disclosure Order to Supreme Court
Updated
Updated · The Guardian · Aug 25
Judge Halts Catherine Herridge's $800 Daily Fine as She Appeals Source-Disclosure Order to Supreme Court
3 articles · Updated · The Guardian · Aug 25
Summary
$800-a-day contempt fines against Catherine Herridge have been paused after Judge Christopher Cooper said she need not pay while the Supreme Court considers her petition.
The sanction stems from Herridge's refusal to identify sources for her 2017 reporting on scientist Yanping Chen, who sued four federal agencies under the Privacy Act over alleged leaks of her personal information.
If the justices decline the case and no settlement emerges, Herridge could again face daily fines indefinitely until she reveals her sources; refusing to pay could escalate the matter to criminal contempt and possible jail.
Press-freedom groups and Fox News, which is covering her legal costs, say forcing disclosure would chill whistleblowers, while Chen's lawyers argue her right to identify officials who leaked her data should prevail.
The fight carries broader stakes because Washington lacks a reporter shield law, raising the prospect that journalists covering national security in DC could face some of the weakest source protections in the US.
Could a single Supreme Court ruling end investigative journalism by forcing reporters to burn their confidential sources?
Will the lack of a federal shield law ultimately force a veteran journalist into criminal contempt?
Press Freedom on Trial: Catherine Herridge’s $800 Daily Fine, Supreme Court Appeal, and the Fight for Source Protection
Overview
The Catherine Herridge case began when scientist Yanping Chen sued the federal government, claiming her private records were leaked to Herridge, who then published reports about an FBI investigation. Chen subpoenaed Herridge to reveal her sources, but Herridge refused, leading Judge Cooper to hold her in contempt and impose an $800-per-day fine. After the Supreme Court denied Herridge’s emergency appeal, she paid $14,400 in fines before Judge Cooper paused the penalties and ordered reimbursement during her Supreme Court appeal. The lack of a federal shield law leaves journalists exposed to such sanctions, fueling calls for the PRESS Act as media groups warn of a chilling effect on whistleblowers and government transparency.