Can Journalists Be Charged for Involvement in Protests? The Don Lemon Dilemma | Eugene Volokh and Jane Bambauer | Hoover Institution episode artwork

EPISODE · Feb 3, 2026 · 56 MIN

Can Journalists Be Charged for Involvement in Protests? The Don Lemon Dilemma | Eugene Volokh and Jane Bambauer | Hoover Institution

from Free Speech Unmuted · host Hoover Institution

Eugene Volokh and Jane Bambauer are joined by press freedom advocate Seth Stern to dissect the federal prosecution of journalist Don Lemon. At issue is whether covering—and allegedly accompanying—a disruptive protest inside a church can make a journalist liable for criminal conspiracy under federal laws that ban disruption of worship services. The conversation probes the uneasy boundary between reporting and participation, the limits of First Amendment protection for journalists, and the use of conspiracy claims by prosecutors. Is this a necessary enforcement of neutral criminal law—or a chilling signal that simply documenting controversial events can land reporters in the dock? How this case is resolved may shape the future of press freedom, and of law enforcement, far beyond Don Lemon himself.   Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today’s proverbial town square. 

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Can Journalists Be Charged for Involvement in Protests? The Don Lemon Dilemma | Eugene Volokh and Jane Bambauer | Hoover Institution

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