When the First Amendment Collides With Itself: Josh Kolsrud on Don Lemon’s Federal Arrest

Journalism vs. Religious Freedom

In his Phoenix Fox 10 Talks appearance, defense attorney Josh Kolsrud breaks down what he calls a fascinating constitutional clash: the First Amendment battling itself. On one side—freedom of speech and the press. On the other—freedom of religion and the right to worship without obstruction. Kolsrud explains that federal laws like the FACE Act and the Ku Klux Klan Act specifically prohibit interfering with religious services. The legal turning point, he says, isn’t that Don Lemon entered a church—but whether Lemon crossed the line from journalist to participant by facilitating, directing, or obstructing the protest inside.

Why Being a Journalist Isn’t a Free Pass

Kolsrud emphasizes that claiming “I’m a journalist” is not a magic shield from prosecution. While press protections may make a conviction harder, they don’t prevent charges if evidence shows active involvement in illegal conduct. According to Kolsrud, the case hinges on unanswered factual questions: What were Lemon’s intentions? Did he help organize or speak for protesters? Did he obstruct access to worship? Until those facts are clear, the First Amendment defense remains uncertain.

A Message-Sending Arrest & Broader Implications

Kolsrud also points out the unusually aggressive nature of Lemon’s arrest—carried out publicly at the Grammy Awards without advance notice to his attorney. In his view, this signals the administration’s intent to “set an example,” especially given Lemon’s high profile. Still, Kolsrud notes Lemon wasn’t the only journalist arrested—his notoriety simply drew the spotlight. He closes by cautioning against speculation around unverified claims (such as the pastor’s alleged ICE affiliation), stressing that even if true, it wouldn’t change the legal analysis

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Key Takeaways from Josh Kolsrud

• The case is a rare clash between press freedom and religious liberty

• Journalist status doesn’t protect someone who actively participates in a protest

• Intent and conduct—not notoriety—will decide the outcome

• The high-profile arrest appears designed to send a broader message

📺 Watch the full interview for a deeper legal breakdown of one of today’s most controversial First Amendment cases.