Former CNN anchor Don Lemon is mounting a constitutional challenge against federal charges, stemming from his involvement in a protest inside a Minnesota church. 

The case could have significant implications for how US law protects access to both abortion clinics and places of worship.

In February, Lemon led 38 protesters into Cities Church, Minnesota, during a Sunday service. The demonstration, which was filmed and shared on social media, came in light of the killing of Christian mother Renee Good, who was shot by Immigration and Customs Enforcement (ICE) officers.

The church was singled out, as one of its pastors, David Easterwood, was involved with leading the local Immigration and Customs Enforcement (ICE) office. Easterwood was not present at the time of the protest, and no one was harmed. 

However, Lemon and 38 others were accused by Cities Church's lawyer of using "chaos and intimidation to advance a political agenda". Federal prosecutors did not distinguish between protestors and journalists, with Lemon’s producer, Michael Beute, and independent journalist Georgia Fort, charged with conspiracy against religious freedom at a place of worship, as well as and injuring, intimidating, and interfering with the exercise of religious freedom at a place of worship.

Central to Lemon’s legal defence is a challenge to the 1994 Freedom of Access to Clinic Entrances Act (FACE Act), which protects the right to access both abortion clinics and houses of worship. The unusual pairing of abortion clinics and churches in the same act was a byproduct of an attempt to "poison pill" the original bill. Ed Whelan, who was then a Republican staffer for Utah Sen. Orrin Hatch, added religious places into the bill's language, to tempt Democrats to sabotage it. He also hoped its final acronym would become "the FARCE Act". However, it received bipartisan backing, meaning both places are protected under the same piece of legislation. 

Lemon’s attorneys now argue that the law is unconstitutional as applied to religious sites. They contend that religious ceremonies are private acts that do not involve interstate commerce, whereas abortion clinics involve patients and providers crossing state lines. They also assert that prosecuting Lemon is “vindictive” and that his conduct is protected by his First Amendment right to free speech.

Lemon’s attorneys maintain that if the FACE Act is found unconstitutional, the other felony charge must also be dismissed.