In Minneapolis a war is raging, and it’s no longer limited to Immigration and Customs Enforcement.
Thanks to criminal indictments, the battlefront has moved from city streets to federal courts. At issue are two different rights, each guaranteed by the First Amendment: freedom of the press and freedom of religion. Two defendants invoke the former, while members of the church that was the target of protest invoke the latter.
The star of this legal drama is former CNN anchor Don Lemon. On the morning of Jan. 18, according to prosecutors, Mr. Lemon joined 20 to 40 agitators in a “coordinated takeover-style attack” on Cities Church in St. Paul during Sunday service.
On Friday, Mr. Lemon and eight others were criminally charged on two counts stemming from that attack. The first is conspiracy to deprive Cities Church congregants of their religious liberty, and the second is interfering with their religious liberty in a house of worship. Though Mr. Lemon is the much bigger name, another arrested and charged was Georgia Fort, an independent journalist with roughly 8,000 followers on YouTube.
Those who broke up the service were protesting ICE deportations. They chose Cities Church, they say, because one of the church pastors, David Easterwood, is also an ICE official. In a statement after his client’s arrest, Mr. Lemon’s attorney, Abbe Lowell, invoked Mr. Lemon’s First Amendment right:
“Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done,” Mr. Lowell wrote. “The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”
He’s correct—up to a point. Mr. Lemon’s constitutional right to report at Cities Church isn’t in question. But another part of the First Amendment is implicated here. The right of Americans to the “free exercise” of their faith is mentioned in the same amendment that protects Mr. Lemon’s speech. That is a right the protesters violated when they disrupted the service.
Scott Johnson, a St. Paul resident who writes the Power Line blog, cuts to the heart of the competing First Amendment claims with this question about Mr. Lemon and his fellow Cities Church protesters:
“Do they have a First Amendment right to interfere with the First Amendment rights of others?” asks Mr. Johnson. “I think the question answers itself.”
It isn’t an intractable clash of absolutes. Much will come down to factual rather than constitutional distinctions: Was Mr. Lemon inside Cities Church in his capacity as a journalist? Or was he also part of the group that plotted and executed the storming of Cities Church? Does it matter that the people accused of violating religious liberty here are private protesters and not state actors?
The attack itself was ugly—and the ugliness didn’t come from the Cities Church faithful. Protestors shouted at children, “Do you know your parents are Nazis? They’re going to burn in hell.” Amid the disturbance some must have wondered if this was the lead-up to another church shooting. The chaos and confusion were part of the plan.
The Justice Department has shown what it thinks. Prosecuting newsmen is a delicate proposition because it implicates a constitutional right. But religious liberty is also a constitutional right, even when exercised by mostly white Southern Baptists.
Their religious liberty claims haven’t received the attention they should from a media almost exclusively worried about Mr. Lemon’s claim to First Amendment protections—which he invoked that day. “I’m not here as an activist,” Mr. Lemon said during his livestream as the protestors disrupted the church. “I’m here as a journalist.” Another fact not getting attention is that the pastor said he asked protestors to leave the church and they didn’t.
We’ll see how it all plays out in the courts. In the meantime, here’s one last, basic fact that appears to be misunderstood: The First Amendment doesn’t give journalists a right to disobey laws.
“Don Lemon has exactly the same First Amendment right to barge into a church and disrupt a worship service as I would have to walk into his home and start reporting on his private dinner party—namely, none at all,” says Eric Rassbach, vice president and senior counsel at the Becket Fund for Religious Liberty.
“Neither journalists nor protesters enjoy any constitutional right to invade someone else’s private space to report on the news or proclaim their message. By Lemon’s logic, the KKK could claim a First Amendment right to storm a black church during services and stage a protest. That gets the First Amendment completely backwards.”
Write to mcgurn@wsj.com.
William McGurn, Wall Street Journal












