The Supreme Court has declined to stop an $800 a day fine against journalist Catherine Herridge for refusing to name a confidential source. The fine will now move forward while her broader appeal continues.
What the Supreme Court Decided
The justices issued a short order on Thursday that denied Herridge’s request to pause the fine. The court did not explain its reasoning, which is normal for this type of emergency filing. Justice Brett Kavanaugh noted that he would have granted her request. (CNN Politics)
This ruling was separate from Herridge’s main appeal, which challenges the underlying contempt order. The court will look at that filing on its own later. (MSNBC)
Background of the Case
The dispute traces back to a series of stories Herridge published in 2017 while working for Fox News. Those stories examined an FBI investigation into Yanping Chen, a naturalized U.S. citizen who founded a school in Virginia called the University of Management and Technology. The reports focused on Chen’s ties to the Chinese military. (Deadline)
Chen was never charged with a crime. She later sued the federal government, arguing that officials broke the law by leaking her private records to Herridge and Fox News. Her lawsuit relies on the Privacy Act. (Deadline)
Why Herridge Was Held in Contempt
As part of Chen’s lawsuit, her lawyers asked Herridge to name the source or sources who gave her the leaked material. Herridge refused, citing the First Amendment reporter’s privilege. U.S. District Judge Christopher Cooper ruled that Chen’s need to identify the leaker outweighed that privilege. (Washington Post)
In February 2024, Judge Cooper held Herridge in civil contempt after she stood by her refusal during a sworn deposition. He later set the fine at $800 for every day she continued to withhold the source’s name. A federal appeals court in Washington upheld that ruling. (CNN Politics)
Timeline of Key Events
| Date | Event |
|---|---|
| 2017 | Herridge publishes stories on the FBI investigation into Yanping Chen |
| February 2024 | Judge Christopher Cooper holds Herridge in civil contempt |
| 2024 to 2026 | Appeals court in Washington, D.C. upholds the contempt ruling |
| June 26, 2026 | Chief Justice Roberts temporarily pauses the fine |
| July 2, 2026 | Supreme Court denies Herridge’s bid to halt the fine |
(Washington Post; CNN Politics)
The Temporary Stay Before the Final Ruling
Before the final decision, Chief Justice John Roberts had briefly paused the fine so the full court could consider Herridge’s emergency request. That short term hold gave Chen until July 1 to respond to the petition. (Deadline)
Fox News welcomed that pause at the time and said it stood behind Herridge and the First Amendment. The network later said it was disappointed by the final decision but plans to keep fighting the case. (CNN Politics)
Reaction From Press Freedom Groups
The Reporters Committee for Freedom of the Press supported Herridge with a legal brief before the ruling. The group’s president, Bruce Brown, said journalists should not have to pay large fines while they fight for First Amendment rights, and warned that forcing reporters to break source confidentiality harms the public’s access to information. (CNN Politics)
Chen’s Legal Team Responds
Chen’s attorney, Andrew Phillips, said the courts have already ruled against Herridge’s privilege claim multiple times. He said Chen, like any citizen, has the right to learn which federal official leaked her private records and called the conduct a clear violation of the Privacy Act. (Deadline)
What Happens Next
The fine is now in effect, and Herridge must decide whether to keep withholding her source’s name or reveal it. Her separate petition asking the Supreme Court to review the underlying contempt order is still pending and will be considered independently of this decision. (MSNBC)
Herridge worked as a reporter for Fox News and CBS News before becoming an independent journalist. (CNN Politics)
