Don Lemon seeks dismissal of federal FACE Act charges

Former CNN host Don Lemon has filed a motion to dismiss federal charges related to a January protest at Minneapolis Cities Church in Minnesota. Lemon and 38 others were indicted for allegedly violating the Freedom of Access to Clinic Entrances (FACE) Act by interfering with religious freedom during an anti-immigration enforcement demonstration.

Lemon’s legal team argues that the indictment is the result of ‘vindictive prosecution’ and claims the law itself is unconstitutional. Specifically, they are challenging the section of the FACE Act that imposes criminal penalties for obstructing religious worship, arguing it is an invalid exercise of Congressional power under the Commerce Clause because the conduct is intrastate and non-economic.

While federal prosecutors are pursuing civil rights charges, state-level criminal charges against many of the protesters were not pursued. If the court accepts Lemon’s challenge to the religious freedom protections of the FACE Act, legal experts suggest the ruling could potentially undermine the entire law, which also protects abortion clinics.