FOR IMMEDIATE RELEASE:

Washington, D.C., Aug. 26, 2026 — Freedom of the Press Foundation (FPF) has moved to unseal two Department of Defense documents that are central to investigative journalist Catherine Herridge’s fight to protect her confidential sources.

Herridge was held in contempt of court and faces an $800-per-day fine for refusing to reveal confidential sources for her reporting on scientist Yangping Chen’s alleged ties to the Chinese military while an online college that Chen founded received federal funds. The fine is on hold while Herridge asks the Supreme Court to review the contempt order.

The documents FPF seeks to unseal memorialize the Defense Department’s decision to terminate Chen’s university from its Tuition Assistance program “on national security grounds,” and are pivotal to Herridge’s argument that the reporter’s privilege protecting her sources has not been overcome.

The following statement can be attributed to FPF Senior Adviser Caitlin Vogus:

“Catherine Herridge’s battle to protect her confidential sources is one of the most important press freedom cases today. Nothing about it should play out in secret.

“The public deserves to see the documents behind this ruling and judge for itself whether the facts warrant undermining journalist-source confidentiality. It’s especially galling that while the court demands Herridge reveal her sources, it keeps the basis for its own decision secret.”

Attorney H. Christopher Bartolomucci of Schaerr | Jaffe LLP, which represented FPF, added:

“Public access to information is a pillar of the rule of law, one that facilitates government accountability. In this case, the public has been denied access to important court records that are under seal. This denial of access prevents the public from assessing the strength — or weakness — of the court’s decision.”

An appellate court declined a previous motion from FPF to unseal the documents when it sent the case back to the district court. FPF filed its motion to intervene and unseal them in the district court on Tuesday. You can read the full motion here or below.

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