Two recent events, both involving Immigration and Enforcement (ICE), underscore that one individual’s legal right may not be used to trump or defeat the legal right of others, including law enforcement.
Firstly, former CNN “journalist” Don Lemon’s constitutional right to Freedom of the Press does not justify trespassing onto a private church’s property, or the exercise of that church’s constitutional right to Freedom of Religion and worship. But that’s exactly what we have.
Lemon was arrested and has been indicted following his trespass onto, and disruption of, a private church worship service at Cities Church in St. Paul, Minnesota. The reason Lemon and numerous others have given as justification for this illegal conduct is their protesting of Immigration and Customs Enforcement (ICE) removal of illegal aliens from that city and state.
There are three constitutional rights at stake here. One, Freedom of the Press. Two, Free Exercise of Religion and worship, and three, trespass onto and deprivation of private property rights.
The first clash involves Lemon’s right to free press and free speech as opposed to the Church’s right to free exercise of religion and worship that was being engaged in, on private property, at the time of Lemon’s intrusion into the church. Lemon unquestionably has the right to, either as a journalist or a private citizen, stand on some public area and forum and protest ICE policies as much as he wishes. However, that right certainly does not include the right to intrude onto private property and disrupt constitutionally protected free exercise of religion.
Being a member of the press does not relieve him of the legal obligation not to trespass onto private property or disrupt a religious service. It appears that Lemon and the others also refused to leave when they were asked to do so and, in fact, blocked the movements of churchgoers and the pastor while they were in the church.
Lemon has now been indicted on charges of conspiracy against rights and violation of the Freedom of Access to Clinic Entrances (FACE) Act which protects the right to religious freedom at places of worship. We will watch this closely.
My second recent example involves the shooting and deaths by ICE officials of Renee Good and Alex Pretti. While we can be saddened at the loss of life, honesty requires us to address what led to those outcomes. I think both Pretti and Good are responsible for the actions that ended their lives.
While they, unquestionably, like Lemon, have the right to peaceably assemble and protest any issue or policy of concern, they do not and never will have the right to interfere with or disrupt a law enforcement operation. Instead of remaining safely removed from the area of operations, both Good and Pretti physically confronted and threatened law enforcement agents. Good used her vehicle to attempt to run over an agent and Pretti, who had already been disarmed, appeared to be reaching through or into his clothing for what may have been another weapon.
Both actions presented lethal threats, and we simply cannot expect law enforcement to guess whether, in a split second, an assailant posing a direct threat “really means it.” Unfortunately, Good and Pretti made a fateful decision to “assume the risk” through their choices. They have sadly paid the ultimate price for their risky decisions.
We saw this same issue presented in the 2020 “Summer of Love” riots which injured and killed Americans and did billions of dollars of damage. While it is fundamental in our law that peaceful protest, chanting, loudspeakers, and filming at a safe distance are all protected speech, when the first brick is thrown or match is lit, the moment an individual interferes, obstructs, surrounds, blocks law enforcement or attempts to prevent an arrest, that individual is no longer a protestor but has become a criminal.
Unfortunately, we are way past peaceful protests now. What we are witnessing now across the country is a conspiracy to violate the law in the form of organized interference. That is illegal and very dangerous.
Sadly, many of our elected officials are encouraging, aiding, and abetting this activity with their reckless rhetoric. They have blurred the distinction between legal, peaceful protests and criminal interference. One American’s rights cannot be used to violate those of another. Neither can free speech or protest be allowed to block or undermine a legitimate law enforcement function.
Shreveport attorney, Royal Alexander, worked in D.C. in the U.S. House of Representatives for nearly 8 years for two different Members of Congress from Louisiana.