Former Fox News Reporter Steps In It, Ordered to Give Up FBI Source Who Leaked Private Info
The article contrasts the legal treatment of journalists protecting sources with that of government agents who violate citizen privacy. It notes that while journalists like Judith Miller are often celebrated for defending sources, a different standard applies when federal agents leak private information.
The case of Yanping Chen illustrates this disparity. A Chinese American scientist, Chen was investigated by the FBI but never charged. Despite this, details from her private FBI file were published by Fox News reporter Catherine Herridge.
The leak had severe consequences for Chen, destroying her reputation and business. In response, she sued the government for violating the Privacy Act, which prohibits unauthorized disclosure of records.
A central question in her lawsuit was identifying the FBI source of the leak. Herridge refused to reveal this information, claiming her reporting relied largely on public domain material and arguing that Chen’s case was frivolous.
However, an appeals court rejected Herridge’s arguments. It ruled that Chen’s claim was valid and that the leaked information was crucial to her case, with no reasonable alternative source available.
The court unanimously ordered Herridge to disclose her source, emphasizing that the First Amendment does not grant special immunity from standard discovery obligations in such circumstances.
With the appeal concluded, Herridge now faces potential daily fines for continued refusal, testing her commitment to confidentiality against a court mandate.
