When First Amendment Freedoms Collide: Don Lemon, a Church Protest, and the Precedent That Could Upend Journalism

It was a typical Sunday morning at Cities Church in St. Paul, Minnesota. Warm greetings, handshakes, and friendly banter filled the room. Outside, however, tension was brewing. A group of protesters gathered, intent on making their voices heard. As the service began, protesters marched into the building and disrupted it with loud chants. Their slogans echoed off the church walls and drowned out all other noise. "Justice for Renee Good,” "ICE out,” and "Hands up, don’t shoot" - a nod to past protests against police brutality and excessive force following the fatal shooting of Michael Brown in 2014.

Just weeks earlier, in the nearby city of Minneapolis, 37-year-old mother Renee Good was fatally shot by Immigration and Customs Enforcement (ICE) agents, sparking outrage across Minnesota. The protest at Cities Church reflected the growing wave of anti-ICE sentiment sweeping the country. Demonstrators specifically targeted this church due to suspicions that the pastor had ties to ICE.

Don Lemon, a seasoned journalist working independently after a prominent career at CNN, followed the protesters to cover the tense standoff between them and the congregation. Ten days later, Lemon, local journalist Georgia Fort, and several protesters were arrested. The charge? A violation of civil rights laws. These arrests have ignited a vigorous debate over which First Amendment rights - freedom of the press, freedom to protest, or freedom of religion - should take precedence when they conflict.

There are two specific federal statutes that the Department of Justice (DOJ) alleges Lemon and the protesters violated. The first is the recently enacted Freedom of Access to Clinic Entrances (FACE) Act. Originally designed to protect anyone obtaining or providing reproductive health services, the law also includes a clause prohibiting the use or threat of force, physical obstruction, intimidation, or interference with anyone lawfully exercising their First Amendment right of religious freedom at a place of worship. The second federal law is a Reconstruction Era statute, 18 U.S. Code § 241 – Conspiracy against rights. This law makes it a crime for two or more people to conspire to injure, oppress, threaten, or intimidate anyone exercising rights or privileges secured by the Constitution.

The First Amendment is not absolute. There are limits to the rights it guarantees, including for protesters. The First Amendment protects free speech, the right to peaceful assembly, and the right to petition the government for a redress of grievances. However, these protections end if protesters become violent or break the law. The January 6th Capitol protesters learned this the hard way after more than 1,000 were arrested and prosecuted for charges ranging from obstructing an official proceeding, disorderly conduct, assault, and even seditious conspiracy. In the case of the church protesters, the DOJ contends that they violated the law by disrupting and intimidating a private place of worship. This right to freely practice religion is also guaranteed by the First Amendment, and hindering these freedoms could breach civil rights laws.

The DOJ’s case against journalists Don Lemon and Georgia Fort is more ambiguous. The First Amendment is explicit in its protection of the press from government interference, recognizing the essential role journalists play in reporting the news and holding officials accountable. Press freedom is vital to democracy. Attempts to punish journalists for reporting on matters of public concern carry serious consequences for society at large. When the press is censored or silenced, citizens suffer the most.

During the protest, Don Lemon made his intentions clear: “I’m here as a journalist, not an activist,” he repeatedly emphasized. Lemon reported impartially, interviewing protest organizers, the pastor, and congregation members alike. Lemon’s coverage focused on documenting the facts and perspectives of those involved, embodying the principles of ethical journalism. Lemon did not intend to disrupt the service or to participate in the protest beyond his role as a reporter.

Arresting the protesters raises one set of legal questions that will play out in court. Fulfilling a journalistic duty to report on the protest as it unfolds? Discernibly protected under the First Amendment's freedom of the press guarantees. The arrest of journalists simply for doing their jobs sets a dangerous precedent. When the government weaponizes laws to instill fear and silence reporting it opposes, it undermines the very press freedoms that hold those in power accountable. When journalists face prosecution for newsgathering, reporting on contentious issues becomes a risk assessment, and democracy pays the price.