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Don Lemon and Georgia Fort vow to continue reporting following arrests tied to anti-ICE protest

A First Amendment firestorm has erupted in Minnesota after independent journalists Don Lemon and Georgia Fort were arrested and federally indicted for their presence at an anti-ICE protest. Following their release, both journalists have publicly vowed to continue their work and fight the charges, which press freedom advocates are calling an unprecedented and dangerous assault on the media.

The case has ignited a national debate over the rights of journalists to cover public demonstrations, the legal distinction between a reporter and a participant, and the potential for a "chilling effect" on newsgathering across the country.

The Incident and Arrests

The controversy stems from a protest at the Cities Church in St. Paul, Minnesota, where an official from U.S. Immigration and Customs Enforcement (ICE) serves as a pastor.

Fort, a Minnesota-based reporter, and Lemon, the former CNN anchor who now hosts an independent show on YouTube, maintain they were at the location solely to document the protest as journalists.

Despite their assertions, a federal grand jury indicted both on charges related to the interruption of a religious service. The situation escalated early Friday when federal agents arrested Fort at her home, an event she filmed and shared. Lemon was also taken into federal custody. Both were released later the same day.

A Defiant Stand for Journalism

Speaking publicly after their release, both Lemon and Fort framed their experience as a direct threat to the free press and pledged not to be intimidated.

On his YouTube show Friday, Lemon issued a call to action for his colleagues. "This is a moment for journalists around the world to stand up for each other," he stated. "It may have started with people having their due process rights violated on the streets... but now they're trying to silence journalists. And I will not be silenced."

Fort, appearing on CNN's Anderson Cooper 360°, echoed this sentiment, emphasizing the personal and professional stakes. "As journalists, we never want to be the story," she said. "But unfortunately, I did find myself in a predicament where I felt that I needed to be able to tell my own story, that I needed the world to see that journalism is on trial."

She vowed to "continue to tell the stories of my community," warning that the arrests set a dangerous precedent.

The Legal Battle and Judicial Pushback

The federal indictments and subsequent arrests are particularly notable because they followed significant pushback from within the judicial system itself. This raises critical questions about the prosecution's persistence in the case.

• Initial Rejection: A federal magistrate judge had previously reviewed the case against Lemon and declined to approve his arrest, citing a lack of sufficient evidence to establish probable cause.

• Appeals Court Rebuke: After prosecutors appealed that decision, the chief federal appeals court judge in Minnesota sided with the magistrate. In a written opinion, the judge stated there was "no evidence" of any criminal behavior in Lemon's journalistic work at the protest.

Despite these two prior judicial rejections, prosecutors proceeded to seek and obtain an indictment from a federal grand jury, which operates under different standards and hears only from the prosecution.

Abbe Lowell, a high-profile attorney representing Lemon, condemned the arrest as "an unprecedented attack on the First Amendment" in a social media post. Leita Walker, counsel for Fort, told the Columbia Journalism Review that her client "will be vigorously defending herself against these charges."

The Bigger Picture: Press Freedom on Trial

The arrests of Lemon and Fort have sent shockwaves through the media industry, with legal experts and journalism organizations warning of the broader implications.

• The First Amendment at Stake: The core principle at risk is the freedom of the press, enshrined in the First Amendment, which protects the right of journalists to gather and disseminate information without government interference. Critics of the prosecution argue that arresting reporters for covering a protest, regardless of its nature, directly undermines this constitutional safeguard.

• The "Chilling Effect": Fort explicitly warned that the arrests have sent "a chilling message" to the media. This term refers to the potential for legal actions to intimidate and deter journalists from covering controversial or sensitive topics for fear of facing similar charges. The concern is that reporters may self-censor or avoid covering protests altogether, leaving the public uninformed.

• Independent Journalists' Vulnerability: The case also highlights the potential vulnerabilities of independent journalists. Without the immediate and powerful legal and institutional backing of a major news corporation, independent and freelance reporters can be more susceptible to legal pressure and intimidation tactics.

What's Next

The legal fight is just beginning. Both Lemon and Fort, backed by their legal teams, are preparing to challenge the federal charges in court. The case will be closely watched by media law experts and civil liberties groups.

The outcome could set a significant legal precedent for journalists' rights when covering protests and other contentious public events. In the interim, the incident has already sparked a robust and necessary conversation about the role of a free press in a democracy and the lines that law enforcement should not cross.

The journalism community, along with human rights organizations, has broadly condemned the arrests and is expected to continue advocating on behalf of Lemon and Fort, framing their legal battle as a fight for all journalists.

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Disclosure: This reporter and Don Lemon were colleagues at CNN from August 2019 to April 2023.