opinion
Katherine Herridge, a veteran journalist who previously worked at Fox News and CBS News, was held in civil contempt by a federal judge for refusing to reveal the source of a series of stories published in 2017.
Herridge found herself in trouble in connection with a lawsuit in which she was protecting the identity of a source who was used in a report written that year regarding a Chinese American scientist who had been investigated by the FBI but had not been accused of wrongdoing.
This case has major implications for the First Amendment.
Herridge was facing fines of up to $5,000 per day if she refused to give an interview under oath in the case, a situation that critics described as an attack on the principles of a free press.
U.S. District Judge Christopher Cooper imposed a fine of $800 a day until Herridge complied, which could result in nearly $300,000 if she holds out for a full year.
The fine will not be imposed during the appeal.
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Herridge protects its source
The judge's decision to hold Herridge guilty of contempt of court for refusing to reveal her sources sets a dangerous precedent that could have a chilling effect on investigative journalism.
It sends a message to potential sources that they cannot trust journalists to protect their identities, which could lead to fewer people coming forward with important information.
In his decision, Justice Cooper said he “recognizes the paramount importance of a free press in our society” and the critical role of confidential sources in investigative journalism, but noted that the court “also has its own role in upholding the law.” and protect the judiciary.”
Cooper was nominated for his role on the bench in 2013 by then-President Barack Obama. He was confirmed unanimously in the Senate the following year.
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Relaxation results
Forcing journalists to reveal their sources undermines the public's right to information and can have a chilling effect on investigative journalism. It is important that journalists are able to protect their sources to ensure that the public receives quality information 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,” Legal Insurrection's Mary Chastain wrote. “I have always faced the wrath of the left whenever I revealed anything negative about Democrats.”
Fox News issued a statement condemning the judge's decision to charge Herridge with contempt.
“Detaining a journalist in contempt to protect a confidential source has an absolutely chilling effect on journalism,” they said.
Even CBS News, which fired Kathryn Herridge in the midst of a First Amendment battle and then temporarily confiscated her files, criticized the Obama-appointed judge.
A network spokesman said the contempt order “should concern all Americans who value the role of a free press in our democracy and recognize that relying on confidential sources is critical to the mission of journalism.”
President Barack Obama himself has a history of appalling freedom of expression and persecution of journalists.
The former president used the Department of Justice (DOJ) to try to shut down Fox News correspondent James Rosen by spying on him and charging him with a crime.
A 2010 subpoena approved by Eric Holder implicated Rosen as a potential conspirator under the Espionage Act of 1917. As such, investigators had access to the times of his phone calls and Rosen's private emails for two days.
The Department of Justice also launched a serious attack on the First Amendment and freedom of the press by seizing the records of Fox News and Associated Press reporters.
The phone records of AP reporters — 20 of them — were subpoenaed through service providers, something they claimed at the time was a “massive and unprecedented intrusion” into their newsgathering operations.
Imagine if this were a Trump-appointed judge in this case, and instead of Herridge, the reporter trying to protect his sources was Jim Acosta or Don Lemon. Will there be anger at that point?
It's time to support and share the sources you trust.
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