Stephen A Smith defends Don Lemon, says arrest violates First Amendment

Stephen A. Smith came to the defense of fellow journalist Don Lemon, who was arrested this week.

Lemon was charged in Los Angeles Friday afternoon on allegations of conspiring to violate someone’s constitutional rights and alleged FACE Act violations.

Lemon’s arrest comes more than a week after he joined a group of anti-ICE protesters who interrupted a church service at Cities Church in St. Paul, Minnesota, where an Immigration and Customs Enforcement (ICE) official serves as a pastor. 

The group of protesters chanted "ICE out," interrupting the service, according to video footage.

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Lemon, an independent journalist, said he had been attending the demonstration as a reporter, not as a protester. In a video posted to his YouTube channel, Lemon remarked, "I’m just here photographing, I’m not part of the group. … I’m a journalist."

The ESPN host said since Lemon was there as a member of the press, his arrest violates the First Amendment.

"Whether you like it or not, Don Lemon is a member of the press. Don Lemon has been in journalism for 30 years. Don Lemon worked at CNN for 17 years. And just because you don’t have a specific organization that you’re working for, that’s where the word independence comes from. It doesn’t mean that your journalism credentials are stripped," Smith said. "Not when you’ve been doing it for decades like him. 

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"This is straight BS what he’s going through. I’m a member of the press too. And ain’t no way in hell anyone in the field of journalism shouldn’t be supporting Don Lemon today. And that’s including anyone on the right. Anybody in journalism.

"I’m not saying it was wise, I’m not saying I would have done it. I’m not saying he should have walked into a church to do interviews and stuff like that for a couple of minutes. But it don’t warrant this. You support this, you don’t support the First Amendment. You don’t support freedom of the press."

Lemon has hired Hunter Biden's attorney, Abbe Lowell. Lowell said Friday that Lemon had been attending the demonstration in a reporting capacity and not as a demonstrator. 

"Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy Awards," Lowell said in a statement.

"Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done." 

Lemon's arrest comes as Minnesota has emerged as a flashpoint for immigration protesters in recent weeks, including in the aftermath of the fatal shootings of Renee Good and Alex Pretti.

President Donald Trump earlier this week signaled that the administration is willing to "de-escalate" tensions in Minnesota, though further details on that process remain unclear.

Fox News' Breanne Deppisch contributed to this report.

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