WHAT THE CONSTITUTION SAYS ABOUT ARRESTING JOURNALISTS

Published on LinkedIn: January 31, 2026

The arrest of journalist Don Lemon has renewed an important constitutional question about the limits of presidential power and freedom of the press.

Can a president lawfully arrest a journalist for reporting the news — when the reporting is viewed as unwelcome, inconvenient, or damaging?

The Constitution gives a clear answer: No.

The First Amendment’s protection of the press exists to prevent government retaliation against those who gather and publish information on matters of public concern. It does not depend on whether coverage is flattering, responsible, or convenient for those in power.

Presidents do not possess a general authority to silence criticism by force. Ordering the arrest of a reporter for ordinary newsgathering would fall well outside any constitutional power.

The Supreme Court has held that the government faces an extraordinarily high bar when it attempts to restrain or punish news coverage and publication. Political embarrassment or disagreement does not meet that standard.

If such an arrest were attempted, the Constitution’s remedy is immediate and institutional: the courts. Through injunctions, habeas corpus, and constitutional review, the judiciary exists to stop unlawful executive detention and to enforce the limits the Constitution places on presidential power.

Freedom of the press endures not by grace — but by law.