By now it's likely you've heard about former CNN talking head Don Lemon getting arrested - after a brief hiccup - in the wake of the anti-ICE (Immigration and Customs Enforcement) mob invasion of a Minnesota church, as RedState wrote on Friday:
...[T]he self-described "journalist" has been arrested for his part in allegedly storming a church, harassing congregants, and refusing to leave when asked by the pastor.
My colleague Bonchie captured a wide swath of wild reactions from leftists and media members (but I repeat myself) over the supposed death of the First Amendment as we know it represented by Lemon being arrested then charged for allegedly taking part. A little background might be in order:
Initially, a magistrate judge refused to sign off on an arrest warrant for Lemon. An appeals court then found "clear probable cause," but elected to kick the matter back down to let the process play out further. Well, it played out further, and Lemon now faces federal charges. Naturally, that meant a complete meltdown among left-wing politicians and "journalists."
But people are asking across social media and elsewhere whether Lemon/his legal representatives might have something with the "journalism" argument. Liberal constitutional lawyer and author, Professor Jonathan Turley appeared on Fox News' "Will Cain" program on Friday evening to give his take on that question.
Calling members of their factions by the journalist label has been used "repeatedly" by Antifa and other far-left radical groups in defense of their actions, he said. Another term used is "observer," Turley stated, "even though they are very much participants." He mentioned Renee Good, the first person shot and killed by Border Patrol in Minneapolis recently, "insisted that she was a legal observer." He said she was not acting in that capacity, but as a participant, something RedState has covered extensively.
"Courts have had to work through this," Turley said, "by looking at their conduct, not how they define themselves but 'what did they do?'"
He argued that this does not rule out Lemon's "claim that he was acting as a journalist," adding that "courts are going to take that very seriously." In other words, it could possibly serve him well. Judges have found that argument convincing, Turley said, that they "tend to avoid hitting that tripwire" when weighing the cases.
The lawyer laid out three things to consider in Don Lemon's situation.
- the basis for his arrest
- why there was a finding of probable cause
- and what conduct was cited in that proceeding.
Turley cautioned that Lemon could have a problem, though, since "he stretches" the meaning of the word 'journalist.': "He's one of these journalists that believe that advocacy journalism, which blurs again the line of what is a journalist and what is an advocate."
The author said that line is "something that is going to end up having to be litigated." That is, the law still has to be sifted out over time on this point.
DIVE DEEPER: The Democrats' Rage Over Don Lemon Is Performative; They Already Proved They Don't Care About Free Speech (VIP)
Democrat Minnesota AG Keith Ellison claimed that the law, the FACE Act, only applies to abortion clinics, but Turley says that isn't true— and goes even further slamming their hypocrisy on this issue:
It does apply to places of worship like this and, in fact, when they have applied it to abortion clinics - including Ellison - they have adopted the broadest possible interpretation of those criminal provisions.
Leave it to the Left to be total hypocrites on this, of course. And we're left with the question of whether, if his lawyers put the argument forward, Lemon will succeed here. Only time will tell, readers, as is often the case with laws that need further testing and legal cases overall. Stay tuned!
Watch:
Editor’s Note: Democrat politicians and their radical supporters will do everything they can to interfere with and threaten ICE agents enforcing our immigration laws.
Help us hold these leftists accountable and expose their obstruction. Join RedState and use promo code FIGHT to get 60% off your membership.
Join the conversation as a VIP Member