Journalism v. Criminal Acts

U.S. Senate Democrat Leader Chuck Schumer claims that the arrest of Don Lemon is “pure authoritarian bile” and a “dark message to journalists everywhere.”

IN FACT, a grand jury indicted Lemon for “overt acts” to “intimidate” people in the “free exercise” of the “First Amendment right of religious freedom.” These acts include but aren’t limited to:

“physically” obstructing the pastor’s “freedom of movement” and peppering “him with questions to promote the operation’s message.”
standing “so close to the pastor that Lemon caused the pastor’s right hand to graze Lemon, who then admonished the pastor, ‘Please don’t push me’.”
ignoring the “pastor’s request” to “immediately leave the Church.”
posting “himself at the ‘main door of the Church, where he confronted some congregants and physically obstructed them as they tried to exit the Church building to challenge them with ‘facts’ about U.S. immigration policy.”

The Supreme Court has repeatedly ruled that journalists cannot participate in crimes just because they are reporting on them. Here are 3 prime examples:

“The publisher of a newspaper has no special immunity from the application of general laws. He has no special privilege to invade the rights and liberties of others.” (Associated Press v. National Labor Relations Board, 1937)
“The press may not with impunity break and enter an office or dwelling to gather news.” (Cohen v. Cowles Media Company, 1991)
“It would be frivolous to assert” that “the First Amendment, in the interest of securing news or otherwise, confers a license on either the reporter or his news sources to violate valid criminal laws.” (Branzburg v. Hayes, 1972)

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