Minnesota Law Professors Condemn Journalist Arrests at Church Protest as Unconstitutional Attack on Free Press
Three Minnesota law school professors are characterizing the recent federal arrests of journalists Don Lemon and Georgia Fort as a dangerous violation of the First Amendment and a misuse of federal statutes. The legal scholars, including University of St. Thomas law professor Julie Jonas, argue that the government’s application of the Freedom of Access to Clinic Entrances (FACE) Act to prosecute reporters sets a troubling precedent for press freedom in the United States.
The controversy stems from the arrests of Lemon, a former CNN anchor, and Fort, an independent journalist, following their coverage of a January 18 protest at Cities Church in St. Paul. Demonstrators had entered the church to protest against David Easterwood, a pastor at the congregation who ostensibly serves as the acting director for the local Immigration and Customs Enforcement (ICE) field office. Federal agents took the journalists into custody, along with two activists, charging them with conspiracy to violate civil rights and interfering with the right to religious worship under the FACE Act.
Legal experts warn that these charges conflate the act of reporting with the act of protesting. Professor Jonas stated that the administration is effectively signaling that journalists cannot report on events unless the government approves of the subject matter, calling the move a successful attempt to “chill journalistic endeavors.” The professors contend that to violate the FACE Act, an individual must intentionally injure, intimidate, or interfere with worshippers—actions they argue are distinct from the passive documentation provided by the press.
Federal authorities dispute this interpretation, maintaining that the arrests were necessary to enforce the rule of law and protect religious institutions. Attorney General Pam Bondi defended the charges, asserting that the Department of Justice will not tolerate “attacks on places of worship.” The prosecution alleges that the journalists were not merely observers but were part of a coordinated conspiracy to deprive the congregation of their First Amendment right to assemble and worship freely. Lawyers for Lemon and Fort have vowed to fight the charges, maintaining that their clients were present solely to document a newsworthy public conflict.
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