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Supreme Court Declines Stay in Reporter’s Source Case

The court’s refusal leaves Catherine Herridge facing fines or disclosure, signaling stronger judicial willingness to enforce subpoenas against reporters.

The Supreme Court is seen Tuesday, June 30, 2026, in Washington. (AP Photo/Jose Luis Magana)
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Journalist Catherine Herridge looks on during an event at the Consumer Electronics Show (CES) in Las Vegas on Jan. 7, 2025.
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Overview

  • The Supreme Court on Thursday declined to extend a temporary stay, so a lower-court order that could force Herridge to identify her confidential source or begin $800-a-day fines is now in effect.
  • A Washington, D.C., judge found Herridge in civil contempt after she refused to answer questions about her source, and a D.C. Circuit panel last month upheld that contempt ruling and the daily fine.
  • The contempt order stems from Yanping Chen’s 2018 Privacy Act suit against the FBI and Justice Department over 2017 Fox News publications of leaked FBI materials that included interview summaries, photos, immigration records, and an internal PowerPoint; a six-year probe produced no charges.
  • Herridge plans to file a full petition to the Supreme Court to challenge the lower-court ruling, and press freedom groups have filed support arguing that forcing reporters to reveal sources could deter whistleblowers and investigative reporting.
  • The case turns on narrow legal rules: reporter’s privilege can be overcome when a court finds an overriding need for information and the Privacy Act lets individuals sue for improper government disclosures, making the leaker’s identity central to Chen’s claim.