The Trump administration's latest move is a disturbing example of how the Freedom of Access to Clinic Entrances Act (FACE Act) has been weaponized against journalists. Two reporters, Don Lemon and Georgia Fort, were arrested after covering a protest at a Minneapolis-area church. This is not the first time that the administration has used this law to stifle press freedom.
The FACE Act was passed in 1994 with the intention of protecting reproductive health clinics and providers from violence and intimidation. However, its language is narrow, and courts have consistently ruled that it only applies to specific actions, such as restricting physical access to a clinic or causing fear of harm.
In this case, Lemon's crime was reporting on a protest in its entirety, including the organizing meeting and the subsequent event at the church. Fort's alleged "crime" was approaching the pastor, who also happens to work for Immigration and Customs Enforcement (ICE), with questions that made him feel uncomfortable or intimidated.
However, courts have found that covering protests and asking questions are not crimes under the FACE Act. The administration is using this law to chill dissent and silence journalists who report on public events.
This move is part of a broader pattern of attacks on press freedom by the Trump administration. Just last month, federal agents raided the home of a Washington Post reporter and seized her devices in an investigation into a leak. These actions are a clear threat to democracy and the First Amendment right of a free press.
The media must take notice of this attack and examine the motivations behind it. It is also essential that journalists who find themselves under fire, such as Fort, receive support and resources to defend themselves against baseless charges.
As one journalist noted, covering a protest isn't a crime, and asking questions isn't a violation of religious freedom. The media must continue to chronicle these abuses and hold the administration accountable for its actions.
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The FACE Act was passed in 1994 with the intention of protecting reproductive health clinics and providers from violence and intimidation. However, its language is narrow, and courts have consistently ruled that it only applies to specific actions, such as restricting physical access to a clinic or causing fear of harm.
In this case, Lemon's crime was reporting on a protest in its entirety, including the organizing meeting and the subsequent event at the church. Fort's alleged "crime" was approaching the pastor, who also happens to work for Immigration and Customs Enforcement (ICE), with questions that made him feel uncomfortable or intimidated.
However, courts have found that covering protests and asking questions are not crimes under the FACE Act. The administration is using this law to chill dissent and silence journalists who report on public events.
This move is part of a broader pattern of attacks on press freedom by the Trump administration. Just last month, federal agents raided the home of a Washington Post reporter and seized her devices in an investigation into a leak. These actions are a clear threat to democracy and the First Amendment right of a free press.
The media must take notice of this attack and examine the motivations behind it. It is also essential that journalists who find themselves under fire, such as Fort, receive support and resources to defend themselves against baseless charges.
As one journalist noted, covering a protest isn't a crime, and asking questions isn't a violation of religious freedom. The media must continue to chronicle these abuses and hold the administration accountable for its actions.
The Intercept is fighting back, but it needs your help to expand its reporting capacity in 2026. Join us in supporting independent journalism that holds those in power accountable.