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A federal judge has held a veteran investigative reporter in civil contempt for refusing to reveal her source for a series of Fox News stories about a Chinese American scientist who was investigated by the FBI but never charged. The judge imposed a fine of $800 per day until the reporter divulges her source, pending any appeal.
The judge acknowledged the importance of a free press and the role of confidential sources in investigative journalism but emphasized the court's duty to uphold the law and judicial authority. The case has sparked concerns among media advocates about the potential chilling effect on journalism if reporters are compelled to betray confidentiality.
The source is being sought by a scientist who sued the government over the leak of details about an FBI probe into her statements on immigration forms related to work on a Chinese astronaut program. The investigative series in question raised questions about the scientist's ties to the Chinese military and alleged involvement in obtaining information about American servicemembers.
The reporter, who was recently laid off by a news channel, declined to answer questions about her sources during a deposition, citing First Amendment rights and concerns about national security. Legal battles over source disclosure are rare but have arisen in cases involving the Privacy Act.
In a similar case in 2008, the Justice Department settled with an individual falsely identified in the anthrax attacks, leading to a contempt order being vacated against a journalist asked to reveal her sources.