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Notes -
With the recent arrest of Don Lemon, I think it's worth asking how society should respond to the sorts of activities he (allegedly) engaged in?
Disrupting a church service is not exactly terrorism, since there was no actual violence used. But it's not civil disobedience either -- nobody is seriously arguing that the laws against disrupting meetings are themselves unjust.
It's sort of Terrorism Lite. It's kind of like, as another poster analogized, to holding your fist a millimeter away from someone's face while chanting "I'm not touching you." The point is to (arguably) inflict as much harm as you can get away with, to grab attention, to intimidate, to provoke a response, etc. while plausibly claiming that you are non-violent.
Maybe it's my imagination, but I feel like I've seen more and more of this Terrorism Lite in recent years. Things like traffic-blocking; meeting disruption; etc.
While it's true that there are already laws on the books against these sorts of things, I think an argument can be made that there needs to be a more focused and vigorous response. By analogy, in theory blowing up a bomb in a train station is already against the law, whether or not it's in support of some political objective, but there is value in having special laws on the books against terrorism and especially against those who finance or otherwise support it.
In the same way, there could be laws which sanction people, organizations, and governments for providing material support to what I have called Terrorism Lite. (Perhaps someone can suggest a better term.)
What I’m not seeing mentioned here is Lemon’s defense; he says he was watching the protest as a journalist, which to be fair was his career and he claims to be doing independent journalism after his retirement from CNN. We do have video of him doing things like interviewing protestors and the pastor (who asked him to leave), and commenting on the contrast between people yelling and protesting and people trying to pray as demonstrative of a divided America. I don’t know that it’s great journalism, but it’s a more complex situation than “Don Lemon was rioting in a church.”
I think Don Lemon should be charged with trespassing, maybe criminal mischief, etc, particularly since he remained in the church after the pastor asked him politely to leave and told him that he was contributing to the disruption of their worship service. But I don’t know if it’s appropriate for him, personally, to be charged with civil rights offenses. The organizers of the protest and the people chanting and screaming during the worship services should be slapped with those, though. I think it’s important to draw a firm line on protesting and disrupting religious services, lest we become a nation where Christians start screaming about devil-worship in mosques or Palestinians start screaming about Gaza in synagogues.
I don't know that a trespassing charge would stick here. I can't speak for the particularities of Minnesota law, but PA has three basic categories of trespass:
The only category that would apply here would be defiant trespass, since the church was ostensibly open to the public. In the video, the pastor politely asks Lemon to leave and then walks away. Lemon leaves 7 minutes later. Again, I can't speak for Minnesota, but most of the cases where someone is prosecuted for defiant trespass in PA involve someone ignoring repeated demands to leave, and then remaining there until the police show up. Realistically, the police aren't going to prosecute based on video evidence or testimony unless they're in a very small town with nothing else to do. When I had my own practice I would occasionally get calls about people who caught poachers on their property and wanted to sue them. In these cases they always called the police, who weren't about to run plates and arrest people who had already left (they were usually caught coming out of the woods). Lemon might be guilty of defiant trespass withing the strict letter of the law, but he might not, and the case is blurry enough that most police and prosecutors don't think it's worth the hassle. In PA refusing an order to leave is a misdemeanor which will probably get you six months probation. I'd expect that if a prosecutor were willing to push a case like this he'd probably bargain it down to a summary offense, which would be in line with ignoring a posted sign.
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