Minnesota Journalism, Silha Centers Join a Coalition of Newsrooms, Professional Journalism and Support Organizations Condemning the Arrests of Journalists Georgia Fort and Don Lemon

This statement reflects the research expertise of the Minnesota Journalism and Silha Centers on the rights and professional responsibilities of journalists, and is not a position of the University of Minnesota.

MINNEAPOLIS — The Minnesota Journalism Center and Silha Center for the Study of Media Ethics and Law, both housed within the Hubbard School of Journalism and Mass Communication at the University of Minnesota, join the coalition of Minnesota media professional associations, news organizations, and nonprofits in condemning the recent arrests of journalists Georgia Fort and Don Lemon. 

The Legal Framework: A Distinct and Protected Role

The arrests of Ms. Fort and Mr. Lemon—who were detained by federal agents in connection with their reporting on public protests—represent a threat to the First Amendment. As Silha Professor of Media Ethics and Law Jane Kirtley has long argued, the Press Clause of the First Amendment is not merely a redundancy of the Speech Clause; it recognizes the press as holding a "structural role" in our democracy.

“The Justice Department’s efforts to charge independent journalists Don Lemon and Georgia Fort under rarely-used federal statutes for reporting on a protest at a church in St. Paul are pure intimidation and government overreach. Based on what we know about these journalists’ conduct, neither the FACE Act nor the Enforcement Act were ever intended to apply to reporters gathering news,” she stated.

“Moreover, a federal magistrate, the Chief Federal District Court judge in Minneapolis, and a federal appeals court rejected these charges as meritless. As Chief Judge Patrick Schiltz wrote, ‘There is no evidence that those two engaged in any criminal behavior or conspired to do so,’” she added.

Professor Kirtley’s scholarship emphasizes that while the law applies to everyone, the function of gathering news on matters of public concern is constitutionally distinct. When law enforcement utilizes arrest warrants to punish or chill the work of reporters documenting political dissent, they violate this core constitutional tenet. As Kirtley has noted in her recent media interviews (see Jane Kirtley News Interviews accordion below), the press serves as a surrogate for the public; preventing the press from observing government action effectively blinds the citizenry. See Center Research and Legal Analysis accordion below for more legal analysis.

The Democratic Imperative: Trust and Accountability

These arrests do more than harm individual reporters; they erode the foundations of trust and deprive the public of independent journalism required for a functioning democracy. Dr. Benjamin Toff, Director of the Minnesota Journalism Center and an expert on media trust, has extensively researched how people stay informed in the changing information environment, news avoidance, and public perceptions about journalism. 

"Trust in news is not just about the accuracy of a story; it is about the public's confidence that journalists can hold power to account without fear of retribution," Dr. Toff notes. "When the government arrests journalists for doing their jobs, it sends a chilling message that seeks to silence independent verification of facts, undermines faith in the press as a whole, and makes it more difficult for the public to differentiate what is factual from what is false. We cannot build a trusted media ecosystem if acts of journalism are criminalized." See Center Research and Legal Analysis accordion below for more research. 

Commitment to Ethical Journalism and Education

Ethical and responsible journalism serves the public through accurate, fair, independent and accountable reporting. “A free press requires both legal protection and rigorous ethical standards,” said Hubbard School Director and Professor Elisia Cohen. “The Hubbard School of Journalism and Mass Communication and its Minnesota Journalism Center and Silha Center are committed to training the next generation of reporters to navigate these challenges with integrity and courage.”

The School continues to provide and endorse resources that uphold the highest standards of the profession, which guide journalists to operate without fear or favor:
 

  • SPJ Code of Ethics: The Society of Professional Journalists emphasizes the duty to "seek truth and report it," and to "be vigilant and courageous about holding those with power accountable.” It reminds journalists that “The highest and primary obligation of ethical journalism is to serve the public.”
  • The Poynter Institute's Resources on Ethics and Fact-Checking provide vital tools and training for journalists.
  • RTDNA's Code of Ethics highlights the obligation to “pursue truth and report, not withhold it” including reporting on difficult or sensitive stories, and to work independently “from influences that conflict with public interest.”

     
Jane Kirtley News Interviews
Center Research and Legal Analysis

Minnesota Journalism Center Research and Related Analysis on Trust in News:


Silha Center Reports and Related Legal Analysis on Press Freedoms:

Silha Bulletin reports: (a partial list)