Will Don Lemon face prosecution under the FACE act? Here is why it should be considered
By Easton Martin | January 20, 2026
The potential prosecution of Don Lemon under the Freedom of Access to Clinic Entrances Act serves as a critical stress test for the impartiality of federal law enforcement. The incident involves Lemon entering Cities Church in St. Paul, Minnesota, alongside protesters who disrupted a service to oppose immigration enforcement policies.
While Lemon maintains he was reporting, Assistant Attorney General Harmeet Dhillon has formally placed him on notice, signaling that the Trump administration views his presence inside the sanctuary as a potential violation of federal law.
It seems that a prosecution is legally sound and perhaps necessary to preserve the integrity of the statute. The FACE Act explicitly prohibits intentionally injuring, intimidating, or interfering with any person lawfully exercising their religious freedom at a place of worship. The statute does not require physical violence to trigger a violation. Mere interference or obstruction is sufficient.
The strongest argument for prosecuting Lemon rests on the distinction between journalism and participation. Video evidence places Lemon inside the private property of the church during the disruption. Unlike a reporter documenting a protest from a public sidewalk, Lemon breached the sanctuary doors with the agitators. By physically occupying the space and broadcasting the event from within, he effectively amplified the interference. The law does not grant journalists a special license to trespass on private property or to aid in the disruption of constitutional rights under the guise of the First Amendment.
Furthermore, the Department of Justice must ensure the equal application of the law. The FACE Act has been vigorously applied to pro-life demonstrators who block access to reproductive health clinics. To maintain legitimacy, the statute must be content neutral.
If blocking a clinic entrance constitutes a federal crime, then invading a church service must be treated with equal severity. Prosecuting Lemon would clarify that press credentials are not a shield for criminal trespassing and that the protection of religious spaces is absolute, regardless of the political motivations behind the disruption.
