First Amendment court battles rarely pass without stirring some degree of commotion in the legal community, but the recent lawsuit centered around Fox News and their former reporter, Catherine Herridge, appears to be testing the boundaries of press freedom in unprecedented fashion.
The case, as highlighted in Oliver Darcy’s Reliable Sources newsletter, was initiated by Dr. Yanping Chen, a naturalized US citizen of more than 20 years and former Chinese space program scientist. Accused of lying about her work history on her immigration forms, the FBI launched an investigation in 2010. After being cleared by the FBI in 2016, Catherine Herridge — then a reporter for Fox News — presented several stories concerning Chen and the FBI’s decision not to lay charges.
Of interest, the broadcasts included evidence seized by the FBI from Chen’s residence and workplace, spanning photographs and child interviews. When Dr. Chen sued various government departments, including Justice, Defense, and Homeland Security in 2018, alleging Privacy Act infringements through the leaking of investigative details to Herridge and Fox, it marked the beginning of a protracted three-year discovery process.
Having failed to identify the source of the leak, Dr. Chen then issued a subpoena to the post-Fox CBS reporter and her former employer. However, both parties contested the subpoena and lost, with Judge Chris Cooper demanding Herridge testify in accordance with his ruling dated August 1, 2023.
The request by Herridge for an interlocutory appeal and stay on the order for her to testify was subsequently denied by Judge Cooper. Despite this, Herridge chose to remain silent at her September 26th deposition, leading Dr. Chen to petition for contempt, along with requests for a continuing financial sanction and personal liability for any penalty imposed on Herridge.
In a context rife with controversy and consequential implications for press freedom, Fox News finds itself embroiled in yet another significant First Amendment lawsuit, even as its hosts continue to denounce mainstream media and its supposed liberal leanings.
For further case updates and detailed filings, continue to follow Chen v. FBI via Court Listener.