Megyn Kelly is forcefully rejecting claims that the arrest of Don Lemon tied to a disrupted church service amounts to the criminalization of journalism, arguing instead that the case is about trespassing and interference — not press freedom.
In a series of posts on X, Kelly said journalists are not exempt from the law simply because they carry a microphone. She pushed back on the notion that invoking journalism shields someone from prosecution when they enter private property without permission and disrupt events already in progress.
Kelly drew pointed hypotheticals to make her case, arguing that if she or commentator Matt Walsh stormed a private church service, frightened children, and caused chaos while claiming journalistic intent, charges would be appropriate.
“There is no First Amendment right — of protest or of the press — to enter a house of worship and shut down a religious service,” Kelly wrote.
She further cited statutory protections for churches under the FACE Act, noting that interfering with access to or conduct of religious services is explicitly criminalized. According to Kelly, claiming content creation or journalism does not override those protections.
Kelly also emphasized long-standing newsroom norms, saying reporters are well aware that private property changes their rights. Staying on public sidewalks or obtaining permission is standard practice, even when it means missing compelling footage. In this case, she argued, that line was crossed.
Kelly said Don Lemon acted more as an activist than a reporter, but added that even pure journalistic intent would not have changed the legal outcome. “He broke the law,” she concluded, predicting not only prosecution but significant civil liability.
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