SCOTUS Urged to Hear Case of Reporter Catherine Herridge

Fox News legal analyst and George Washington University Law Professor Jonathan Turley urged the Supreme Court to review journalist Catherine Herridge’s case, warning that rejecting it could set a precedent making it easier to compel reporters to reveal confidential sources and undermine investigative journalism.⁠

In an column Saturday in The Hill, Turley said Herridge—a former Fox News and CBS national security reporter—is in the “fight of her life” to protect source confidentiality, the “most vital prerequisite of the free press.” He argued the Court should correct a “terrible wrong,” clarify the murky 1972 Branzburg v. Hayes precedent, and address a circuit split on reporter’s privilege.

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Fox's Jonathan Turley Pushes SCOTUS to Hear Catherine Herridge Case After Network Petitions High Court: 'Stakes for the Country Could Not Be Higher' https://t.co/5QA9rdpRo6

— Mediaite (@Mediaite) October 18, 2026

 

Chen

The case, Herridge v. Chen, stems from Herridge’s 2017 Fox News reporting on Yanping Chen, founder of a Virginia training firm and subject of an FBI probe into alleged Chinese military ties. Chen, never charged, sued federal agencies under the Privacy Act over alleged leaks and subpoenaed Herridge. After she refused to name sources, a D.C. district judge held her in contempt and imposed an $800-per-day fine, later upheld by the D.C. Circuit. An emergency stay was denied in July 2026 (Justice Brett Kavanaugh would have granted it); fines are paused pending the certiorari petition. Fox News continues to back Herridge and First Amendment source protections.⁠

Turley noted the D.C. Circuit’s permissive standard risks chilling Washington reporting, as much of the story was already public. Herridge seeks only a fair standard, not immunity, after personally funding fines from her children’s college funds. The Court now decides whether to grant review and safeguard press freedom.⁠