JONATHAN TURLEY: Supreme Court must take Herridge case and protect reporters’ sources
Catherine Herridge is asking the US Supreme Court to hear her challenge to court orders compelling her to identify confidential sources for a 2017 report about a Virginia school with links to a former Chinese military officer. The case matters because the orders could pressure journalists to reveal sources, while Herridge argues they threaten the confidentiality needed for investigative reporting.
The article says Herridge was fined $800 a day, paid from her children’s college savings, until the fines were suspended; they could be reinstated if the Supreme Court declines to intervene. Yanping Chen sued government officials under the US Privacy Act and subpoenaed Herridge, although she did not sue the reporter directly. The report included photographs and a whistleblower’s account, and the government later ended its contracts with the University of Management and Technology, citing national security concerns.
In short
- Herridge seeks Supreme Court review of orders to reveal sources.
- Suspended fines of $800 a day could return.
- Her report concerned a school linked to a former PLA officer.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The Supreme Court should hear Herridge’s appeal because forcing a journalist to identify a confidential source can deter people from sharing information about matters of public concern. Strong source protections may be especially important when reporting relies on whistleblowers to expose possible government or national security issues.
The case against
The court orders can be defended as part of a litigant’s effort to obtain evidence relevant to a Privacy Act case, particularly where the reporting included a source’s account and photographs. Requiring disclosure in specific cases may help courts assess claims fairly, while carefully limited orders can be argued to balance that need against the public interest in confidential journalism.