Supreme Court lets $800-a-day fine stand against former Fox News reporter who won't reveal sources
The Supreme Court on Thursday refused to stop an $800-a-day contempt fine against former Fox News reporter Catherine Herridge, who has steadfastly declined to identify the confidential sources behind her 2017 investigative reporting on a Chinese American scientist. Only Justice Brett Kavanaugh supported granting the stay.
The decision marks the end of the road, at least for now, in Herridge's emergency bid for relief. It leaves a veteran journalist facing a daily financial penalty for doing what reporters have long considered a professional obligation: protecting the people who trust them enough to talk.
The case sits at the intersection of two principles that conservatives take seriously. One is press freedom, the ability of journalists to hold government agencies accountable by promising confidentiality to insiders willing to expose wrongdoing. The other is the right of an American citizen, Yanping Chen, to find out which federal officials allegedly violated the Privacy Act by leaking her personal information to the media. Both claims have merit. The courts have sided with Chen.
The origins: a six-year FBI probe that led nowhere
The dispute traces back to 2017, when Herridge published a series of stories for Fox News examining Chen's alleged ties to the Chinese military. The reports raised questions about a professional school Chen founded in Virginia, suggesting it may have been used to help the Chinese government obtain information about American servicemembers.
The FBI had been investigating Chen for six years. The bureau never charged her with a crime.
What it did produce, however, was a trail of leaked material. The Associated Press reported that court documents describe snippets of an FBI document summarizing an interview conducted during the investigation, personal photographs, information taken from Chen's immigration and naturalization forms, and material from an internal FBI PowerPoint presentation, all allegedly leaked to Herridge or other media.
Chen filed suit in 2018 against the FBI and the Justice Department under the Privacy Act, which prohibits the public disclosure of private information about individuals without their consent. Her lawyers say the negative media attention that followed the leaks upended her personal and professional life, bringing hate mail and death threats.
A reporter ordered to talk, and a judge who wouldn't wait
U.S. District Judge Christopher Cooper in Washington ordered Herridge to answer questions about her sources during a deposition with Chen's lawyers. Cooper ruled that Chen's need to identify the leaker for the sake of her lawsuit overcame Herridge's right to shield her source.
Herridge sat for the deposition but refused to answer. Cooper held her in civil contempt and imposed the $800-a-day fine.
An appeals court panel upheld the contempt order. The New York Post reported that the D.C. Circuit Court of Appeals also denied Herridge's request to pause its mandate while she prepared a petition for Supreme Court review, a ruling Fox News Media called "deeply troubling."
Herridge then filed an emergency appeal with the Supreme Court. Chief Justice John Roberts placed a short-term hold on the fine while the justices considered the matter. On Thursday, they declined to intervene.
The broader pattern of federal courts issuing aggressive rulings against major institutions has drawn attention across the political spectrum. Recent rulings by Clinton-appointed judges blocking executive orders have raised similar questions about the scope of judicial power, though here the target is a journalist, not a president.
Fox News pushes back
Fox News Media issued a statement expressing deep disappointment and framing the case as a threat to the foundations of American journalism.
"Protecting the confidentiality of journalistic sourcing and the integrity of the newsgathering process is fundamental to a free and functioning democracy. 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."
A Fox News spokesperson had earlier warned that the D.C. Circuit's refusal to pause fines while a Supreme Court petition was being prepared sent "a chilling message to newsrooms in their ability to hold the powerful accountable."
The network has remained one of the most consequential forces in American media. Its willingness to stand behind Herridge, who also worked for CBS News before becoming an independent journalist, reflects the stakes the case carries for every newsroom in the country, regardless of political orientation. Fox News has been at the center of political debates for years, but this fight is about something more fundamental than partisan coverage.
The plaintiff's case: a citizen wronged by her own government
Chen's attorney, Andrew Phillips, framed the matter in terms that should resonate with anyone who believes government agencies must be held accountable when they abuse their power.
"Dr. Chen, like any other American citizen, is entitled to discover the identity of the federal official(s) who abused their access to an American's private information and leaked it to cause her harm. That type of corrupt, unlawful conduct is exactly what the Privacy Act was designed to address."
Phillips said Chen's legal team had exhausted other methods to identify the leaker before seeking Herridge's testimony. He expressed hope that Thursday's decision would help bring the matter to a close.
This is the uncomfortable reality at the heart of the case. Chen was investigated by the FBI for six years and never charged. Someone inside the federal government apparently leaked her private records to the press. She has a legal right to find out who did it. The Privacy Act exists precisely to prevent this kind of government overreach, and to give citizens a remedy when it happens.
Press freedom advocates sound the alarm
Bruce Brown, president of the Reporters Committee for Freedom of the Press, warned about the broader consequences of the ruling.
"Journalists facing contempt should not have to muster large payments to the court while they seek to vindicate First Amendment rights. And forcing them to betray source confidences always has a harmful impact on the free flow of information to the public."
Just the News noted that Chief Justice Roberts had temporarily paused the fine while the court considered the appeal, suggesting at least some initial judicial concern about the penalty's immediacy, though the full court ultimately let it stand.
Media advocates argue that if reporters can be compelled to identify their sources under financial duress, potential whistleblowers inside government agencies will think twice before speaking up. That concern applies whether the reporter works for Fox News, the New York Times, or a local paper in Iowa.
The tension between individual privacy rights and press freedom is not new, but the mechanism here, an escalating daily fine with no apparent ceiling, raises practical questions. At $800 a day, the penalty reaches nearly $25,000 a month. Federal courts have increasingly shown a willingness to use aggressive enforcement tools, and this case may test how far that willingness extends when First Amendment interests are on the other side of the scale.
What remains unanswered
Several significant questions hang over the case. The exact vote count beyond Kavanaugh's noted support for the stay has not been disclosed. It remains unclear what specific options Fox News Media plans to pursue. Herridge's own attorneys did not immediately respond to messages seeking comment, and she has not made a direct public statement.
The current status of Chen's underlying Privacy Act lawsuit against the FBI and the Justice Department, the case that triggered the contempt dispute, also remains an open thread. If Chen ultimately prevails, it would confirm that federal officials broke the law by leaking her private information. That finding would validate both Chen's claims and the very kind of government accountability reporting that Herridge's sources enabled.
That is the paradox the courts have not resolved. The leak may have been unlawful. The reporting may have served a legitimate public interest. The relationship between the press and its sources has always been complicated, but rarely has a case put the competing interests into such sharp relief.
A hard case with no clean answer
Conservatives who value both government accountability and individual rights should resist the urge to pick a side cheaply here. Yanping Chen, a citizen investigated for six years and never charged, deserves to know which federal officials leaked her private records. Catherine Herridge, a reporter who relied on those sources to do her job, faces financial ruin for honoring a promise that every serious journalist makes.
The real villain in this story is the federal official who leaked Chen's private information in the first place. That person set this collision in motion, and the government has apparently been unable, or unwilling, to identify them through its own internal processes. So the courts turned to the reporter instead.
When the government can't police its own leakers, it conscripts the press to do the job. That should trouble anyone who believes the First Amendment means what it says.

