CNN Compares Lemon Invading a Church To Jaywalking

Alex Christy
February 13th, 2026 3:10 PM

Text to Speech

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As former CNN host Don Lemon was arraigned on Friday for his role in the St. Paul church invasion, his former employer stepped up to defend him. According to First Amendment lawyer and CNN News Central guest Katie Fallow, what Lemon did was functionally no different than a reporter jaywalking while covering a protest.

Host Boris Sanchez got things going when he wondered, “Historically, has DOJ often tried to prosecute someone accused of interfering in a house of worship? If they are documenting that said interference?”

 

 

Fallow confidently declared, “Absolutely not. I mean, this is a really unprecedented set of charges being brought against both Don Lemon and another independent journalist, Georgia Fort, and I can't think of a similar case in recent or any kind of history.”

She further claimed, “It is extremely alarming for the government to bring these very serious charges against journalists merely for the act of covering these protests.”

Accepting Lemon’s version of events, Fallow added, “Don Lemon said repeatedly that he was there not as part of the protest, but as a reporter covering those events. And that's a really important principle in our constitutional system is that the press provides access to the public to really important events, and that both the courts and the Department of Justice have historically recognized that. And the Department of Justice in the past has refrained from bringing any kind of coercive, you know, subpoena or arrest charges against journalists merely for the act of engaging in news gathering or reporting.”

Repeating herself, Fallow insisted, “So, I think this is extremely unprecedented and alarming and is also part of the Trump administration's really broad attack on free press rights.”

Sanchez then set Fallow up for a second round with more of a statement than a question, “The administration is arguing, in part, that Don Lemon was aware that something was going to happen at the church, that he was there with protesters before they went in. It doesn't seem like you buy that, that in any way changes his First Amendment rights.”

 

 

Fallow concurred, “Yeah, I don't think it does. I mean, obviously, what the government is going to need to do is to prove that he was either intentionally trying to interfere with access to a church under the FACE Act or was conspiring with others to violate the civil rights of the congregants in the church.”

She then brought out the jaywalking analogy:

And just based on what I've seen, I don't think that they can make out that—they can't prove that in a court of law because just the fact that he knew that the protesters were going into the church, I don't think rises to the level of culpability under the act, and I also think, you know, in a lot of cases, while journalists do have to comply with generally applicable laws like laws against trespass or, you know, jaywalking, but, you know, there's this, this long tradition of recognizing that when the press is covering, for example, protests, you might have to cross the street, break a jaywalking rule. But in general, the prosecutors recognize that. And, you know, they don't bring charges against journalists if they're engaged in a press function, which it seems to me both Don Lemon and Georgia Fort were.”

Except that, unlike a street, a church is private property, and Lemon is alleged to have not left the church after being asked to. If a mob barged onto CNN’s set or into Fallow’s home and someone with a camera started asking questions, there is zero chance that they would agree to call that person a journalist.

Here is a transcript for the February 13 show:

CNN News Central

2/13/2026

2:05 PM ET

BORIS SANCHEZ: I just want to let our viewers know that right now, the arraignment of Don Lemon has begun. We have reporters in the room monitoring that. I wonder, Katie, historically, has DOJ often tried to prosecute someone accused of interfering in a house of worship? If they are documenting that said interference?

KATIE FALLOW: Absolutely not. I mean, this is a really unprecedented set of charges being brought against both Don Lemon and another independent journalist, Georgia Fort, and I can't think of a similar case in recent or any kind of history.

And it is extremely alarming for the government to bring these very serious charges against journalists merely for the act of covering these protests. And as was mentioned in the introduction during his livestream, Don Lemon said repeatedly that he was there not as part of the protest, but as a reporter covering those events. And that's a really important principle in our constitutional system is that the press provides access to the public to really important events, and that both the courts and the Department of Justice have historically recognized that. And the Department of Justice in the past has refrained from bringing any kind of coercive, you know, subpoena or arrest charges against journalists merely for the act of engaging in news gathering or reporting.

So, I think this is extremely unprecedented and alarming and is also part of the Trump administration's really broad attack on free press rights.

SANCHEZ: The administration is arguing, in part, that Don Lemon was aware that something was going to happen at the church, that he was there with protesters before they went in. It doesn't seem like you buy that, that in any way changes his First Amendment rights.

FALLOW: Yeah, I don't think it does. I mean, obviously, what the government is going to need to do is to prove that he was either intentionally trying to interfere with access to a church under the FACE Act or was conspiring with others to violate the civil rights of the congregants in the church.

And just based on what I've seen, I don't think that they can make out that—they can't prove that in a court of law because just the fact that he knew that the protesters were going into the church, I don't think rises to the level of culpability under the act, and I also think, you know, in a lot of cases, while journalists do have to comply with generally applicable laws like laws against trespass or, you know, jaywalking, but, you know, there's this, this long tradition of recognizing that when the press is covering, for example, protests, you might have to cross the street, break a jaywalking rule.

But in general, the prosecutors recognize that. And, you know, they don't bring charges against journalists if they're engaged in a press function, which it seems to me both Don Lemon and Georgia Fort were.

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