Former Fox News Reporter Steps In It, Ordered to Give Up FBI Source Who Leaked Private Info

Journalists often present themselves as champions of the First Amendment, especially when refusing to identify confidential sources. Yet, cases where they actually face consequences are rare. One notable example is Judith Miller, the former New York Times reporter who spent 85 days in jail during the Valerie Plame affair before giving limited testimony that helped expose Lewis “Scooter” Libby.

But critics argue a double standard exists. When journalists protect sources, they’re praised as defenders of press freedom. When government officials violate citizens’ privacy, however, there’s often little accountability. The case of Yanping Chen, a Chinese American scientist, highlights this imbalance.

Chen became the subject of an FBI investigation over alleged false statements about her ties to a Chinese rocket program. Her home was raided, yet she was never charged. Two years later, Fox News reporter Catherine Herridge published details from Chen’s seized personal files — information protected under the Privacy Act.

The leak devastated Chen’s career and reputation, leading her to sue the government to uncover who inside the FBI illegally shared her records. Herridge refused to reveal her source, citing First Amendment protections.

Herridge argued that much of the material was already public and that Chen’s lawsuit was baseless. But an appeals court rejected those claims, ruling that Chen could seek damages for any proven Privacy Act violation.

The judges also dismissed Herridge’s First Amendment defense, saying journalists aren’t exempt from standard discovery laws.

The court’s unanimous decision now compels Herridge to identify her source, ending years of legal delay and reigniting debate over press freedom versus individual privacy rights.