Fighting for a free press: protecting journalists and their sources

Veteran journalist testifies before U.S. House on confidential sources

Today, on April 11, 2024, the Subcommittee on the Constitution and Limited Government under the U.S. House Committee on the Judiciary convened to discuss a matter critical to the integrity of journalism and the protection of journalists and their confidential sources. The prepared testimony of Catherine V. Herridge, a veteran investigative journalist, who was let go from CBS and whose files were confiscated by the media company, shed light on the pressing need for legislative measures like the PRESS Act to safeguard press freedom and uphold the vital role of a free press in a democratic society.

Catherine V. Herridge opened her testimony expressing gratitude to the subcommittee for focusing on the crucial issue of protecting reporters’ sources and the significance of the PRESS Act. Herridge, who has dedicated 37 years of her career to national security and intelligence reporting, recently found herself in legal jeopardy for upholding the journalistic principle of confidentiality regarding her sources in a national security story. She is also known for her investigative journalism on the Hunter Biden laptop scandal. 

Herridge’s situation underscores the challenges journalists face in safeguarding their sources and the potential consequences they may encounter for fulfilling their duty to report truthfully and hold power to account. She emphasized the bipartisan nature of the PRESS Act, which offers robust protections for journalists and their sources at the federal level, shielding them from undue legal pressures and ensuring the continuity of investigative journalism.

“My current situation arises from a Privacy Act lawsuit. I am only a witness in this case,” Herridge began in her remarks today.

“It is not common for these cases to reach the stage of holding a reporter in contempt, but when such cases happen, they have profound consequences, impacting every journalist in the United States. Forcing a reporter to disclose confidential sources would have a crippling effect on investigative journalism, because without reliable assurances of confidentiality, sources will not come forward.”

If not protected, Herridge fears investigative journalism is dead

Herridge continued her testimony, saying that she fears investigative journalism could be dead if confidential sources aren’t protected. “The First Amendment provides protections for the press because an informed electorate is at the foundation of our democracy. If confidential sources are not protected, I fear investigative journalism is dead. Each day, I feel the weight of this responsibility.”

The core premise of the PRESS Act is to prevent litigants and government entities from coercing journalists into revealing their confidential sources, except in cases involving imminent threats of violence or defamation. Herridge highlighted the critical role of confidentiality in investigative journalism, stressing that without assurances of protection, sources would hesitate to come forward, ultimately compromising the public’s right to information and transparency.

Herridge’s testimony delved into her personal experience of being held in contempt of court for refusing to disclose her sources, a decision rooted in her unwavering commitment to journalistic ethics and the public’s right to know. She underscored the chilling effect that legal threats and coercive measures can have on press freedom, emphasizing that the passage of the PRESS Act is essential to safeguarding the foundations of democracy.

Furthermore, Herridge touched upon an incident where her reporting files were seized by her former employer, CBS News, further highlighting the need for robust legal protections for journalists and their work product. She expressed gratitude for the support received from fellow journalists, First Amendment organizations, and her former employer, emphasizing the collective effort required to defend press freedom.

In closing, Herridge expressed hope that the Subcommittee’s attention to the PRESS Act would spur action in the Senate, echoing sentiments from Senate Majority Leader Chuck Schumer regarding the urgency of passing such legislation. The hearing served as a rallying call for legislators to prioritize press freedom and enact measures that uphold the essential role of journalists in a democratic society.