The Free Press On Trial

America at 250: Due Diligence goes live from the National Press Club in Washington, D.C., for a special hour recorded in the Club's First Amendment Room. As the country marks its 250th year, hosts Bill Bernardoni and Steve Herman convene a conversation on the state of a free press, introduced by National Press Club president Mark Schoeff Jr. of CQ Roll Call. The episode opens with a statement from Catherine Herridge, the Emmy Award-winning investigative correspondent who has covered national security and intelligence for ABC, Fox, and CBS. Herridge was held in civil contempt in February 2024 for refusing to disclose the confidential sources behind a 2017 series of national security reports for Fox News. The case arises from a Privacy Act lawsuit brought against four federal agencies by Yanping Chen — not a defamation claim against Herridge's reporting — and key evidence in it remains under seal. On July 2, the Supreme Court denied Herridge's request to halt an $800-a-day contempt fine; she describes making her first payment, the toll on her family, and her legal team's plans to petition the Supreme Court for review later this summer. A panel of journalists and First Amendment lawyers then takes up her case and its wider implications. Toni Locy, who spent 25 years reporting for outlets including the Washington Post, USA Today, and the Associated Press before joining the Washington and Lee University journalism faculty, was herself held in contempt in 2008 for refusing to name sources behind her USA Today reporting on the FBI's flawed investigation of the 2001 anthrax attacks — and describes fighting escalating fines without ever naming a source or spending a day in jail. Laura Handman, a Davis Wright Tremaine partner with four decades representing publishers and broadcasters in First Amendment litigation, and Eric Hageman, a Clare Locke LLP partner who represented Dominion Voting Systems in its case against Fox News, bring opposing vantage points — media defense and plaintiff-side defamation — to the conversation. **In this episode:** - The FBI's pre-dawn search of Washington Post reporter Hannah Natanson's home and seizure of her devices, and the Privacy Protection Act questions it raised - Justice Department subpoenas served on New York Times reporters, including phone records tied to coverage of the president's return flight from Qatar - Prospects for a federal shield law (the PRESS Act) and Rep. Jamie Raskin's efforts to revive it - State anti-SLAPP laws and how they discourage lawsuits designed to shake down news organizations - Whether the Supreme Court should reconsider *New York Times v. Sullivan* and the "actual malice" standard - The Dominion v. Fox News settlement and its influence on defamation doctrine - Lawsuits brought by President Trump against news organizations, including settlements with ABC and CBS, weighed against Teddy Roosevelt's own defamation suit against a newspaper - Legal fights over editorial independence at Voice of America and Stars and Stripes - Audience questions on shield-law prospects, leak investigations, and public trust in the media **Guests** *Catherine Herridge* — Emmy Award-winning investigative correspondent; formerly with ABC, Fox, and CBS; reported from Afghanistan, Iraq, Qatar, Israel, Northern Ireland, Russia, and the former Yugoslavia; graduate of Harvard and the Columbia Journalism School, where she founded a national security reporting scholarship; now an independent journalist on X, YouTube, and via her newsletter. *Toni Locy* — Journalism faculty, Washington and Lee University; 25-year reporting career at the Pittsburgh Press, Philadelphia Daily News, Boston Globe, Washington Post, U.S. News & World Report, USA Today, and the Associated Press; holds a master's in law studies from the University of Pittsburgh School of Law. *Laura Handman* — Partner, Davis Wright Tremaine; executive committee, Reporters Committee for Freedom of the Press; four decades of First Amendment litigation for U.S. and foreign publishers and broadcasters. *Eric Hageman* — Partner, Clare Locke LLP; represents individuals, corporations, nonprofits, and religious institutions in defamation litigation; author of merits and amicus briefs before the U.S. Supreme Court and federal courts of appeals. **Credits** Hosted by Steve Herman and Bill Bernardoni. Executive Producers: Steve Herman and Bill Bernardoni. Audio production by Bill Bernardoni of Bernardoni Media & Marketing. Recorded live at the National Press Club, Washington, D.C., July 21, 2026; portions recorded at WUMS Radio, Oxford, Mississippi. Support for the program comes from the Radio Free America™ Project and the Jordan Center for Journalism, Advocacy and Innovation at the University of Mississippi School of Journalism and New Media. More information: newslab.org Comments: RadioFreeAmerica.medi