Fox News Media criticized a federal appeals court ruling that denies further review in the high-profile case involving investigative journalist Catherine Herridge, reinforcing a lower court order that requires her to disclose information about a confidential source.
The U.S. Court of Appeals for the D.C. Circuit this week rejected Fox News and Herridge’s petition for rehearing or en banc review. This decision upholds the panel’s earlier September 2025 ruling, which affirmed a contempt order against Herridge for refusing to identify her source in a series of 2017 stories.
In a statement, Fox News Media expressed strong opposition to the court’s action, warning that compelling journalists to reveal sources undermines core press freedoms.
Fox News Media Statement:
“The court’s decision denying rehearing in Catherine Herridge’s case is a troubling setback for press freedom and the First Amendment. Forcing journalists to reveal confidential sources undermines the role of a free press and creates a chilling effect on journalism across the country.”
The case stems from a Privacy Act lawsuit filed by Yanping Chen, a Chinese-American scientist. Chen sued after Herridge’s reporting for Fox News cited leaked FBI documents that questioned aspects of her background, including possible ties to China’s military and issues with her immigration forms. No charges were ever filed against Chen following the FBI’s investigation.
Herridge has maintained that revealing her source would violate fundamental journalistic protections. She and Fox News have argued that a reporter’s privilege under the First Amendment should shield confidential sources, particularly in national security and government accountability stories.
The D.C. Circuit panel previously found that any qualified privilege was overcome in this instance because the information was central to Chen’s claims and unavailable through other means. The denial of further review solidifies that position, leaving Herridge facing ongoing contempt sanctions, including potential daily fines.
Herridge, a veteran journalist who departed Fox News in 2024 and also worked CBS News.
Background: The dispute highlights ongoing tensions between press freedoms and individual privacy rights in leak-related litigation. First Amendment advocates have criticized the rulings as a setback for investigative journalism, arguing they could deter whistleblowers from coming forward on matters of public importance. The case continues to draw attention from media organizations and press freedom groups monitoring subpoena battles involving reporters.