FACE Act & Press Freedom: What Newsrooms Need to Know Now
A working guide for publishers, editors, and reporters
A message from Yoni
Most of the work I do here at Backstory & Strategy concerns itself with long-term trends in media architecture: How do we build durable business models? How do we create resilient journalist teams?
Today, we need to talk about something much more immediate. Much more physical.
What began late last night with the arrest of Don Lemon under the FACE Act could very soon be the reality for many journalists. If Lemon and several other reporters are ultimately charged under this law, every journalist who sets foot in a protest zone is placing themselves at risk.
We knew we were in a new era when two federal judges tossed the original warrants on grounds of no probable cause. But when the DOJ went right back to a grand jury and got them anyway, we entered a new reality. Embedded reporting is being redefined as criminal conspiracy.
Here is your crash course on how to cover protests moving forward. This is not an op-ed. This is a resource.
Send it to your editors. Send it to your reporters. Send it to your lawyers.
Stay safe,
Yoni
Update: Jan 30, 2026, 4:00 PM EST The DOJ has unsealed the primary charges against Don Lemon and Georgia Fort. They are being charged under 18 U.S.C. § 241 (Conspiracy to Deprive Rights) and 18 U.S.C. § 248 (The FACE Act).
Most notably, the DOJ is proceeding with these arrests despite Chief Judge Patrick Schiltz’s formal finding that there was “no evidence” of criminal behavior. Assistant Attorney General Harmeet Dhillon has stated that “committing journalism” is not a shield against being an “embedded part” of a conspiracy.
Late Thursday night, federal agents arrested Don Lemon outside of his hotel room in Beverly Hills. Lemon was in Los Angeles covering the Grammy Awards when FBI and Homeland Security Investigations agents arrived to take him into custody. This morning, Attorney General Pam Bondi confirmed he was arrested in connection with the Jan. 18 protest at Cities Church in St. Paul.
What we know right now:
The Arrests: Along with Lemon, independent journalist Georgia Fort, activist Trahern Crews, and Jamael Lundy were arrested. They join three other individuals who were arrested earlier this week. Together, seven people face charges stemming from the events at Cities Church.
The Charges: The full indictments are still sealed, but the DOJ confirmed the arrests were made on charges of conspiracy to deprive rights under the law as well as violation of the FACE Act.
The Judicial Pushback: The arrests happened a day after a chaotic court week. Federal Magistrate Douglas Micko declined to sign the arrest warrants for Lemon and several others, finding insufficient probable cause. Chief Judge Patrick Schiltz, a George W. Bush appointee, also declined to issue the warrants. Late Thursday afternoon, DOJ lawyers went around the two judges by empaneling a grand jury.
The Government’s Theory: According to prosecutors, Lemon’s on-the-ground reporting that led to him embedding with protesters allegedly made him a criminal co-conspirator. He filmed what prosecutors are calling a “clandestine operation” meeting before protesters marched to the church and livestreamed inside the church during the demonstration. DOJ believes the act of documenting the plan is equivalent to joining the conspiracy to disrupt church services.
Why This Matters Beyond Don Lemon
If prosecutors succeed in charging Lemon under the FACE Act, it exposes any journalist who covers a protest outside of a house of worship or reproductive health care facility to the same potential charges. It is the latest in a string of examples where the federal government is weaponizing laws that have rarely, if ever, been used against reporters simply doing their jobs.
What matters is the chilling effect on all journalists, regardless of whether they cover religion, immigration, or reproductive rights. When does recording a protest become conspiring to commit a crime in the mind of a prosecutor?
What the FACE Act Actually Says
Enacted in 1994 to end the epidemic of violent clinic blockades, the FACE Act prohibits both obstruction of abortion clinics and houses of worship. It makes it a crime to “use force or physical obstruction” to injure, intimidate, or interfere with someone who is:
Exercising their religious beliefs
Accessing “physical or mental health services”
Penalties for violating the FACE Act include:
First offense: Up to 1 year in prison, $100,000 fine
Second offense: Up to 3 years in prison, $250,000 fine
Felony (if personal injury results): Up to 10 years in prison
Will a journalist filming with a camera be considered guilty of “physical obstruction”? What if the only thing protesters do to disrupt a religious service is chant “ICE out”? Your reporters should assess their risk before deciding to cover these events based on the answers to those questions.
Risk Assessment: What Increases Exposure
Based on the charges in the Lemon case, the DOJ appears to be treating these journalist behaviors as potentially criminal. When deciding whether to cover a protest or church event where barriers to access might occur, newsrooms should weigh these factors:
High Risk:
Filming or attending protest meetings ahead of time
Entering private property with protesters
Continuing to film once a disruption has started
Prior relationship with protest organizers
Streaming video live
Lower Risk:
Standing on public sidewalks or streets
Interviewing participants after the start or conclusion of the disruption
Clearly identifying yourself as press and keeping a safe distance from disruption
Practical Guidance for Newsrooms
For Publishers & Editors
⚡ Brief your newsroom now. If your reporters are covering protests, religious freedom, or reproductive rights, they need to know that federal agents are now using the FACE Act to detain journalists.
⚡ Access to counsel. Know exactly who you can call at all hours if a reporter is taken into custody. Ensure your legal team is briefed on the specific “conspiracy” angle the DOJ is using in the Lemon case.
⚡ Insurance audit. Most journalism liability insurance does not cover criminal defense costs for reporters. You need to know today if your staff is protected or if the organization is prepared to self-insure those costs.
⚡ The “Reporting Memo” Requirement. This is your most critical defensive tool. Before any reporter goes into the field, have them email a timestamped memo to you that explicitly states:
Purpose: “I am attending this event solely to document it for a report on [Topic].”
Independence: “I am not participating in the planning, I am not taking direction from organizers, and I have not agreed to assist the group.”
Editorial Intent: “This footage/information is being gathered for publication on [Platform/Date].”
Why this matters: If a reporter is arrested on conspiracy charges, these emails serve as evidence of their role as an independent observer, not a participant.
For Reporters
⚡ Know your press credentials. Wear them visibly at all times. If you are filming, state your role on camera: “I am here as a journalist for [Organization] to document this event.”
⚡ Know the lay of the land. Churches and clinics often have private property lines that start just inches from the public sidewalk. If asked to leave by an owner or an officer, leave immediately and continue your documentation from the perimeter.
⚡ Witness, don’t participate. This should go without saying, but it is now a legal necessity. Do not join chants, do not help protesters move barriers, and do not coordinate your movements with their tactics. You are a ghost in the room.
⚡ Have an arrest plan. Keep your editor’s number and your legal contact’s number written down. Know exactly what your newsroom’s policy is regarding legal backing and salary continuation if you are detained.
For Legal Counsel
⚡ Strategy. Evaluate the risk of both state and federal charges. While FACE is a federal statute, local trespass and disorderly conduct charges are often the first point of contact for law enforcement.
⚡ Pre-arrest. Advise your reporters never to speak to DOJ or DHS investigators without you present.
⚡ Post-arrest. Have criminal defense attorneys with specific First Amendment experience on speed dial. The government’s “conspiracy” theory requires a specialized defense that goes beyond standard criminal law.
Resources & Updates
These organizations are currently working on behalf of journalists affected by this prosecution. They will have the latest legal resources to assist reporters.
Reporters Committee for Freedom of the Press: rcfp.org
Freedom of the Press Foundation: freedom.press
Committee to Protect Journalists: cpj.org
Society of Professional Journalists: spj.org
Living Document Notice: This guide is continuously being updated as new information becomes available. It was last updated January 30, 2026.
Churches and clinics should now expect increased federal law enforcement presence at protests. Stay safe out there.
What is your newsroom doing? This is a living document because the legal landscape is shifting in real time. If your newsroom has developed specific policies for covering protests under the FACE Act, or if you have questions we didn’t cover, drop a comment below. Let’s build a shared playbook to keep our reporters safe and our stories told.
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