When Do Protest Observers Become Lawbreaking Participants?
14th March 2026
When an ICE agent shot and killed Minneapolis resident Renee Good after she allegedly obstructed immigration authorities with her vehicle, disobeyed their commands, and attempted to flee – drawing fatal fire from an officer nearly struck by the vehicle – politicians and pundits decried her death as murder. They called it particularly unjust because she was not acting as a protester but a legal observer.
The legal term is ‘accessory’. It is also a crime.
After federal agents arrested Don Lemon for allegedly disrupting a St. Paul church service in protest of the same Twin Cities immigration enforcement surge Good had opposed. His lawyer defended the former CNN anchor as a journalist, persecuted by the Trump administration for having carried out “constitutionally protected work” in violation of his First Amendment rights. So too did myriad media organizations ranging from the National Association of Black Journalists to the Committee to Protect Journalists.
While Good’s shooting presents a distinct issue, her case and Lemon’s highlight the complex legal issues surrounding those who claim to be chronicling protests. Legal observers and journalists have long worked on the frontlines of civil unrest, the former documenting instances of alleged police misconduct in violation of constitutional rights to peaceably assemble, and the latter chronicling the assemblies. Their efforts have brought transparency and accountability. But what happens when legal observers and journalists act, or are seen by authorities as unlawful protestors rather than the neutral parties they are supposed to be? To what degree do their titles afford them special protections from prosecution in a court of law?