The New England First Amendment Coalition joined 45 press advocates today to denounce the use of federal civil rights statutes to stifle constitutionally-protected newsgathering.
The groups submitted an amicus brief in U.S. v. Lemon, a federal case in Minnesota that involves the January arrest of journalists Georgia Fort and Don Lemon.
Fort and Lemon were indicted following their reporting on a demonstration at Cities Church in St. Paul. They were charged with conspiring to violate a federal law protecting the right of religious freedom at a place of worship.
In the Aug. 12 brief — drafted by the Reporters Committee for Freedom of the Press — NEFAC and fellow amici argue that federal prosecutors are misapplying two civil rights statutes to criminally charge the journalists for engaging in newsgathering activity. If the charges are upheld by the courts, amici argue, federal officials would gain a powerful tool to suppress news reporting in the public interest.
Journalists often “encounter situations where they are physically proximate to – but do not participate in – the unlawful acts of others,” according to the brief. In this case, journalists “followed a protest into a church and covered the interactions between the parishioners and the protestors by filming and questioning the people present on the scene.”
Prosecutors allege that through “force or physical obstruction,” the journalists “intentionally injured, intimidated, or interfered with” the individual right to “religious freedom at a place of religious worship.” But, as amici explained, reporters who arrive “with the intent to cover a news story will lack this state of mind because they are there for an entirely different purpose.”
The government’s argument also presents “serious overbreadth and vagueness concerns,” as prosecutors could target journalists for simply questioning protestors or bystanders inside or outside a church,” amici wrote. “It should be beyond a doubt that the act of asking questions of witnesses to a newsworthy event, whether the questioner is a journalist or a passer-by, is not a crime.”
NEFAC is the region’s leading advocate for First Amendment freedoms and the public’s right to know about government. Learn more about the coalition’s work and read about its recent advocacy.
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began in 2006 to advance and protect the five freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, The Harbus Foundation, Boston University, the Champa Charitable Foundation and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Gravel & Shea PC, the Academy of New England Journalists, and Truro News.