February 4, 2026
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12:14Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down the federal arrest of Don Lemon—charged under the FACE Act and an 1871 anti-Klan statute for covering an anti-ICE protest inside a Minnesota church. The hosts lay out why this case is a direct assault on the First Amendment. Lemon was there as an independent journalist, livestreaming for his YouTube channel. He didn't organize the protest. He didn't direct it. He didn't interfere with the worship service. He reported on it—the same thing he's done for 30 years. A federal magistrate judge already rejected the DOJ's initial warrant for lack of probable cause, so prosecutors went over the magistrate's head to a grand jury. The charges allege conspiracy to violate religious freedom, but Brian and Shant explain how this theory would criminalize any journalist who covers a protest and shows sympathy for its cause. Under that standard, Fox News loses its First Amendment protection too. Brian predicts the case has a lifespan of about 60 seconds—but the chilling effect on press freedom is the point.
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