Nationwide — Don Lemon and eight others, who were indicted for allegedly interfering with a church protest, are facing federal charges, but legal experts predict the case will likely be dismissed. They say the law used, the FACE Act, is flawed and has never been successfully applied to houses of worship.
The January 29 indictment accuses Lemon, journalist Georgia Fort, and local activists of interfering with worshippers at Cities Church and violating the FACE Act. Prosecutors also charged them with conspiring to infringe on churchgoers’ religious rights. The defendants are set to be arraigned on Friday.
Former Justice Department attorneys note the FACE Act, passed in 1994, was intended to prevent harassment at reproductive health clinics. Courts have consistently upheld it in that context because clinics engage in interstate commerce. Churches, in contrast, are local institutions, and the First Amendment does not shield them from private protests.
According to CBS News, the case has already hit legal roadblocks. A Minnesota magistrate judge rejected arrest warrants for Lemon and others, citing “no probable cause.” Career prosecutors in the state also declined to participate, questioning the strength of the evidence. Judges and attorneys criticized the indictment for relying on inexperienced investigators and being rushed.
Civil rights experts say these issues, combined with constitutional concerns, make the charges unsustainable. “This is not a legitimate use of the FACE Act. This is wholly outside the core purpose that the law was passed, and I will not be surprised if these cases are quickly thrown out,” said Kristen Clarke, former Assistant Attorney General for the Civil Rights Division. Despite resistance from courts and career prosecutors, politically appointed Justice Department lawyers pressed the case forward.
Some former department officials also see the indictment as part of a pattern of selective enforcement, where the FACE Act may be used against political opponents rather than to protect civil rights. Legal observers now expect the case against Lemon and his co-defendants to be among the first high-profile dismissals under this section of the law.