The recent arrests of journalists Don Lemon and Georgia Fort have sparked widespread alarm, marking a perilous escalation in the Trump administration's ongoing assaults on the press and posing a direct threat to First Amendment freedoms in the United States. These extraordinary actions, occurring mere weeks after federal law enforcement targeted a Washington Post reporter, involve the Justice Department pursuing criminal charges against two independent journalists for simply reporting from a protest scene in Minnesota. Ironically, the charges cite federal laws originally intended to protect constitutional rights, turning them into tools to suppress journalistic activity.
Unprecedented Charges Against Journalistic Work
On 18 January, protesters entered the Cities church in St Paul, Minnesota, where an Immigration and Customs Enforcement (ICE) official serves as a pastor, disrupting a service with chants of "ICE out." Don Lemon, a former CNN host, and Georgia Fort, a local journalist, were present to cover the demonstration against the Trump administration's immigration crackdown in the Twin Cities. Reporting from breaking news events is a core function of journalism, explicitly protected by the First Amendment's guarantee of freedom of the press.
However, the federal indictment unsealed on Friday accuses Lemon and Fort of conspiring to deprive others of their constitutional rights—a felony carrying penalties of up to 10 years in prison, fines, or both—and allegedly obstructing the free exercise of religion in a place of worship. These charges represent a blatant attempt to criminalise standard journalistic practices, setting a dangerous precedent that could intimidate reporters nationwide.
Legal and Constitutional Implications
It is unprecedented for the Justice Department to invoke such laws to punish journalistic activity, and there is no legal basis for doing so that aligns with First Amendment principles. Notably, before the indictment, a federal magistrate judge in Minnesota refused to sign an arrest warrant for Lemon. In a letter to a federal appeals court, Chief Judge Patrick Schiltz of the federal district court in Minneapolis, appointed by George W. Bush, emphasised that Lemon was a journalist and that "[t]here was no evidence" he "engaged in any criminal behavior or conspired to do so."
While the demonstration at the Cities church involved other First Amendment freedoms, such as the rights to worship and protest, the federal government's decision to pursue novel criminal charges against Lemon and Fort for mere reporting poses a unique threat. This action not only endangers journalists' rights but also jeopardises the public's ability to stay informed on critical issues.
The Vital Role of On-the-Ground Reporting
Covering demonstrations from the scene—providing accurate, eyewitness accounts alongside protesters, counter-protesters, and law enforcement—is a constitutionally protected public service with a rich tradition in the US. From the civil rights movement and Vietnam War in the 1960s to the January 6 Capitol assault and ongoing immigration protests in Minnesota, journalists have long acted as "surrogates for the public," as described by the US Supreme Court.
This role involves reporting from demonstration sites, informing Americans about protesters' causes and government actions, and enabling citizens to make informed decisions on major societal issues. The criminal indictments against Lemon and Fort threaten to sever this crucial information flow by sending a stark message to all journalists: covering a protest could lead to prosecution and potential imprisonment.
Broader Impact on Democracy and Public Discourse
The intended effect of this message is to intimidate journalists into abandoning on-the-ground reporting at protests against government policy, which would result in a significant loss for the American public and democracy. As the Supreme Court noted in the 2010 Citizens United decision, "The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it."
The Justice Department's latest actions aim to chill vital reporting on pressing public concerns, blatantly violating basic First Amendment principles repeatedly upheld by the Supreme Court. Recently, the Court reaffirmed the importance of providing speech with the "breathing room" it needs to survive, acknowledging that fear of legal entanglement can deter individuals from exercising their First Amendment rights. These indictments directly contradict this ideal.
As declared nearly sixty years ago, freedom of the press exists "not for the benefit of the press so much as for the benefit of all of us." The arrest of Don Lemon and Georgia Fort, who were merely performing their journalistic duties, represents a profound danger to every American, undermining the foundational principles of a free and informed society.
