The Arrest of Don Lemon is Not About Don Lemon

"The arrest of Don Lemon is not about Don Lemon It is about whether the federal government can criminalize proximity to protest and describe it as law enforcement. It is about whether observation can be reclassified as participation after the fact. It is about how easily a workable First Amendment boundary can be blurred once prosecutors decide a journalist was too close, too embedded, or too visible."

"According to court filings, Lemon interviewed protest organizers, livestreamed events as they unfolded, and narrated the scene as congregants reacted with fear and confusion. Prosecutors appear to be pursuing charges under the federal Freedom of Access to Clinic Entrances Act, a statute more commonly used to prosecute physical obstruction of reproductive health clinics but which also prohibits interference with religious worship."

"The closest legal comparison is January 6. Not because the conduct is analogous, but because the Trump Justice Department drew a line that was both clear and enforceable. Journalists lawfully covering events, even amid violence and disorder, were not prosecuted. Some were briefly detained during curfews or police sweeps and released once press status was established. Others who crossed police lines, entered restricted areas, or remained inside the Capitol were arrested and charged even when they claimed they were documenting history."

Federal agents arrested Don Lemon after a January protest at a Minneapolis-area church where demonstrators disrupted a worship service to protest immigration enforcement. Court filings say Lemon interviewed protest organizers, livestreamed events, and narrated the scene as congregants reacted with fear and confusion. Prosecutors appear to pursue charges under the Freedom of Access to Clinic Entrances Act, a statute usually used to prosecute physical obstruction of reproductive health clinics that also prohibits interference with religious worship. Lemon says he was present solely to document and report. A prior approach after January 6 treated journalists lawfully covering events as nonprosecutable while arresting those who crossed police lines, preserving reporting space while enforcing the law.

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