Opinion
Catherine Herridge, a veteran journalist formerly of Fox News and CBS News, has been charged with civil contempt by a federal judge for refusing to reveal her source for a series of articles published in 2017.
Herridge found herself in trouble regarding a court case in which she was protecting the identity of a source used for a report she wrote that year regarding a Chinese-American scientist who had been investigated by the FBI but never accused of wrongdoing.
The case has significant First Amendment implications.
Herridge faced fines of up to $5,000 a day if she refused to be interviewed under oath in the case, a situation that critics called an attack on the principles of press freedom.
U.S. District Judge Christopher Cooper imposed a fine of $800 per day until Herridge complies, which could bring a total of nearly $300,000 if he holds out for a full year.
The fine will not be imposed while she appeals.
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Herridge is protecting his source
The judge’s decision to hold Herridge in contempt for refusing to reveal his sources is a dangerous precedent that could have a chilling effect on investigative journalism.
It sends a message to potential sources that they can’t trust journalists to protect their identities, which could result in fewer people coming forward with important information.
Judge Cooper, in his decision, said he “recognizes the fundamental importance of press freedom in our society” and the critical role of confidential sources in investigative journalism, but noted that the court “also has its role to play in enforcing the law.” and the protection of the judicial authority”.
Cooper was nominated for his role on the bench in 2013 by then-President Barack Obama. He was confirmed unanimously by the Senate the following year.
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Chilling effect
Forcing journalists to reveal their sources undermines the public’s right to information and could have a chilling effect on investigative journalism. It is important that journalists are able to protect their sources to ensure that the public is well informed and that those in power are held accountable for their actions.
“Herridge has long been a respected investigative journalist at Fox News and CBS News,” writes Mary Chastain of Legal Insurrection. “He has always faced the wrath of the left when he has exposed something negative about Democrats.”
Fox News released a statement condemning the judge’s decision to hold Herridge in contempt.
“Holding a journalist in contempt for protecting a confidential source has a profoundly chilling effect on journalism,” they said.
CBS News, which fired Catherine Herridge in the midst of the First Amendment battle and then temporarily seized her files, also criticized the Obama-appointed judge.
A spokesperson for the network said the contempt order “should concern all Americans who value the role of the free press in our democracy and understand that relying on confidential sources is central to the mission of journalism.”
President Barack Obama himself has a chilling history of free speech and persecution of journalists.
The former president used his Department of Justice (DOJ) to try to arrest Fox News reporter James Rosen by spying on him and accusing him of committing a crime.
A 2010 subpoena approved by Eric Holder implicated Rosen as a possible co-conspirator under the Espionage Act of 1917. As such, investigators had access to Rosen’s phone call times and two days’ worth of emails .
The Justice Department also launched a grave attack on the First Amendment and freedom of the press by seizing the records of Fox News and Associated Press (AP) journalists.
The AP reporters – 20 of them – had their phone records subpoenaed through their vendors, something they claimed at the time was a “massive and unprecedented intrusion” into newsgathering operations.
Imagine that in this case there was a Trump-appointed judge and instead of Herridge, the reporter trying to protect their sources was Jim Acosta or Don Lemon. Would there be outrage at that point?
Now is the time to support and share the sources you trust.
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