CBS reporter Catherine Herridge did an investigative report in 2017 that made headlines. To expedite the story, she had to source information from confidential sources, probably serving or ex-government officials. The story made headlines in 2017 when Herridge was still working for Fox News.
Now, Herridge has a Thursday deadline to unbox the identity of her source of classified information for the 2017 stories. She does have a second option, but it involves civil sanctions, including thousands of dollars in fines.
The 2017 story by Herridge revolved around a Chinese-American scientist, Yanping Chen. It turns out the federal government was running a discreet probe on Chen. Of course, whoever ordered the investigation never intended it to go public.
However, Herridge, an investigative journalist, laid hands on confidential documents about Chen’s federal probe. She then wrote the story, which went live on Fox News in 2017.
Chen was ignorant of a federal probe of her activities before the Fox News report. She was an academic running a graduate program in Virginia.
Chen’s federal probe borders on the veracity of her military service and the integrity of her student database. So, Chen sued the federal government to seek redress for infringing her privacy.
Since the case began, some 18 officials suspected of leaking confidential government documents have been subjects of depositions. Chen’s lawyer has questioned the said witnesses under oath. However, he could not extract information about the identify the official who leaked the information.
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To press her case further, Chen requested a deposition of Herridge, who made the leaked materials public in her story. Presiding Judge Christopher Cooper also gave consent to Herridge’s deposition.
The judge did acknowledge Herridge’s right, under the First Amendment, to keep her source(s) anonymous. However, he also insists that the need for evidence for a case involving the federal government supersedes her First Amendment privileges.
First Amendment advocates have cried foul in response to the Judge’s stance. They believe that such rulings will hinder the right to freedom of speech and protection of confidential sources by American journalists. Reporters may shrink away from investigative journalism for fear of potential litigations.
Judging by precedence, similar cases from the past had the media houses involved in making multimillion-dollar settlements. For example, The Washington Post was forced to pay a settlement of $750,000 in a similar Privacy Act case.
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The settlements are often to make sure the reporting journalist does not end up doing jail time. So, Herridge’s affiliate media houses, Fox News and CBS may have to make settlements to save her from going to jail.
Unfortunately, Herridge’s case took a surprising turn. Chen requested that Herridge, not Fox News or CBS, be made to make a personal payment of the daily fees. As the situation stands, the outcome of this case may very well affect the quality of investigative journalism in the United States.
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