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| -Land of the Free |
| Supreme Showdown: Investigative Reporter and Accused Chinese Operative Face Off in Press Freedom Case |
| 2026-10-20 |
| [Jonathan Turley] Below is my column in The Hill on an important case currently before the Supreme Court on the free press and the ability to protect confidential sources. The underlying facts may seem like something out of The Onion: an accused Chinese operative and PLA Colonel who was viewed as a national security risk is successfully using the Privacy Act to get a respected journalist to reveal her confidential sources. However, it is very serious and, unless the Court reviews the case, investigative journalism in the United States could suffer a debilitating blow with little more than a shrug from the courts. Here is the column: This month, journalist Catherine Herridge is in the fight of her life — and the stakes for the country could not be higher. The former Fox and CBS reporter has long been one of the most prominent investigative journalists in the U.S., particularly on national security stories. She is now on her last appeal to the Supreme Court, attempting to protect the most vital prerequisite of the free press: confidentiality of sources. At issue is a 2017 story that aired on Fox News concerning a Virginia-based training firm patronized by Pentagon officials. Herridge exposed ties of the University of Management and Technology to the Chinese military. It was the kind of difficult, complex story that made Herridge such a respected figure in her profession. The subject of the story, University of Management and Technology founder Yanping Chen, sued, claiming that the exposure had led to her loss of employment. Such lawsuits are usually brought against journalists by disgruntled subjects under defamation or other grounds that are quickly dismissed by courts. But Chen brought a novel claim against various officials under the Privacy Act. She alleges that they disclosed to Herridge protected information about an FBI investigation. Rather than sue Herridge directly, Chen subpoenaed her to disclose the names of her sources. Herridge sat for a deposition but refused to breach confidentiality. This is not Herridge’s first rodeo in fighting for journalistic values. Years ago, CBS News forced her out and seized her files containing confidential source information. Despite considerable costs, Herridge eventually stared down the network and forced it to return the files. Notably, much of the Fox News story about Chen was available in the public domain. For example, a whistleblower and FBI informant had said publicly that Chen had admitted to him that she had been a colonel in China’s People’s Liberation Army. He also alleged that she told him to lie about that fact when called to testify before a federal grand jury. Because Herridge refuses to disclose her sources, we do not know how much she actually relied on non-public information. This puts her in an impossible position: She would have to reveal sources in order to show that Chen’s claims are meritless. In making her Privacy Act claim, Chen cited the disclosure of many facts already available publicly, including contradictions of her denials on being part of the Chinese military. The only information that had not already appeared in the public domain appears to be photographic, including a picture of Chen in a Chinese colonel’s uniform. In this case, Herridge had the misfortune of seeking relief in Washington, D.C., where judges have been relatively permissive in allowing such disputes to go to trial. In 2023, U.S. District Judge Christopher Cooper, an Obama appointee, tossed aside protections that other circuit courts recognize under the First Amendment. He ordered Herridge to identify her confidential sources, then held her in contempt when she refused, imposing a crippling $800-a-day fine. Even that was not enough for Chen, who tried to have the penalties increased to $5,000 a day. Before the fines were paused in August pending appeal, Herridge had to write a check every day from her two children’s college funds. "These fines are designed to break you emotionally and professionally," she told me. "I would walk every day to the mailbox with our oldest son for emotional and moral support." |
| Posted by:Besoeker |