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In February 2024, U.S. District Judge Christopher Cooper found Herridge in civil contempt after concluding that she had failed to comply with discovery orders requiring disclosure.

The judge imposed a daily fine designed to pressure compliance, but Herridge has continued to resist the order while pursuing appeals.

Her attorney, Pat Philbin, has argued throughout the litigation that his client "remains committed to protecting reporters' First Amendment rights and confidential sources."

Fox News Defends Confidential Sources and Freedom of the Press

Fox News has continued to publicly support its former investigative correspondent throughout the legal battle.

Following the appellate court's latest ruling, the network issued a statement criticizing the decision.

"The D.C. Circuit's refusal to pause these crippling fines while a petition is actively being prepared for the United States Supreme Court is deeply troubling," a Fox News spokesperson said.

The company added that forcing journalists to reveal anonymous sources "strikes at the very heart of the First Amendment" and warned that such rulings could discourage future investigative reporting by making confidential informants less willing to speak with reporters.

Fox News also pledged to continue supporting Herridge's efforts to challenge the ruling.

Press Freedom Groups Raise Concerns

Media organizations and press freedom advocates have closely followed the case because its outcome could influence future disputes involving confidential sources.

Following an earlier appellate ruling, the Freedom of the Press Foundation described the decision as "a significant blow to press freedom for all journalists."

Many news organizations argue that investigative reporting often depends on confidential sources willing to expose government misconduct, corporate wrongdoing or public corruption. Without assurances of anonymity, they contend, many whistleblowers would simply remain silent.

Unlike many states that have enacted reporter shield laws protecting journalists from compelled disclosure in certain situations, there is no broad federal shield law that automatically protects confidential sources in civil litigation.

As a result, courts frequently evaluate such disputes individually, weighing constitutional protections against a litigant's need for evidence.

Chen's Attorneys Welcome Confidential Sources Ruling

Attorneys representing Yanping Chen argue that the circumstances of the case justify requiring Herridge to identify her source.