Activist Arrested: Lemon Arrested Over Livestream of ICE Protest in Church
- Don Lemon, a former CNN anchor, was arrested on January 26, 2024, following a protest at the St.
- The arrest stemmed from an incident during a demonstration concerning the case of Brandon Powell, a Black man fatally shot by St.
- Lemon's legal team argues the charges are politically motivated and represent an overreach by the Trump Justice Department, diverting resources from investigations into police misconduct.
Don Lemon’s Arrest and Frist Amendment Concerns
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Don Lemon, a former CNN anchor, was arrested on January 26, 2024, following a protest at the St. Louis Metropolitan Police Department headquarters, and faces charges related to interfering with police and assault.
The arrest stemmed from an incident during a demonstration concerning the case of Brandon Powell, a Black man fatally shot by St. Louis police in August 2023. Lemon was reportedly speaking with protesters when he approached an officer, and a physical altercation ensued. Police allege Lemon scratched the officer’s face and put his hands on his chest.
Lemon’s legal team argues the charges are politically motivated and represent an overreach by the Trump Justice Department, diverting resources from investigations into police misconduct. They claim Lemon was acting as a journalist and exercising his First Amendment rights.
The First Amendment and Religious Freedom
The First Amendment to the United States Constitution protects several basic rights, including freedom of speech, religion, the press, assembly, and the right to petition the government. Specifically, the Free Exercise Clause of the First amendment prevents the government from prohibiting the free exercise of religion.
Interfering with someone’s ability to practice their religion is a violation of this clause. This protection extends to attending religious services, such as a Sunday church service. Government actions that substantially burden religious exercise are subject to strict scrutiny under the law.
Example: in Sherbert v. Verner, 374 U.S. 398 (1963), the supreme Court ruled that denying unemployment benefits to a Seventh-day Adventist who refused to work on Saturdays (her Sabbath) violated the Free Exercise Clause. Sherbert v. Verner
Brandon Powell Shooting and protests
Brandon Powell, 39, was shot and killed by a St. Louis police officer on August 7, 2023, following a traffic stop. St. louis Post-Dispatch
The shooting sparked protests and calls for accountability from local activists and community members. The St. Louis Circuit Attorney’s Office declined to file criminal charges against the officer involved, citing insufficient evidence. Fox2Now
The protests at the police department headquarters were organized to demand further investigation into Powell’s death and greater police accountability.
Legal Challenges and Lemon’s Defense
Don Lemon’s attorneys have asserted that the charges against him are an attempt to intimidate journalists and suppress dissent. They are preparing a vigorous defense, arguing that Lemon was merely observing and reporting on the protest as a member of the press.
Statement from Lowell: “This unprecedented attack on the First amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.”
As of January 30, 2024, the case is ongoing, and no trial date has been set. The latest verified status is that Lemon has been released on his own recognizance and is awaiting a court hearing. NBC News