“This is First Amendment Activity”: Keith Ellison Denounces the Investigation of Church Protesters

Minnesota Attorney General Keith Ellison yesterday declared that there are no federal grounds for prosecuting the mob that disrupted St. Paul’s Cities Church and declared the conduct to be “First Amendment activity.” Ellison not only supported the protesters as exercising their First Amendment rights in an interview with CNN, but also indicated an unwillingness to enforce state laws violated by the protesters, from trespass to disorderly conduct.

Ellison is infamous for his prior support for violent groups. When Democratic National Committee deputy chair Keith Ellison proclaimed that Antifa would “strike fear in the heart” of Trump. His own son, Minneapolis City Council member Jeremiah Ellison, declared his allegiance to Antifa in the heat of the protests this summer.

A past defender of extremist Louis Farrakhan, Ellison has criticized the U.S. Constitution, arguing that “their constitution is the bedrock of American law; it’s the best evidence of a white racist conspiracy to subjugate other peoples.”

One would think that a mob action against a church would be something that would transcend political divisions as a grotesque and chilling act. If you thought that, you do not know Keith Ellison.

Notably, in the CNN interview, Host Erin Burnett raised the incident due to its “bad optics” as opposed to the outrageous attack on a house of faith. Yet, Ellison was not even willing to take that lead in objecting to the simple optics as opposed to the denial of religious exercise. He insisted that this is “a First Amendment activity” and not a crime.

He is wrong. Protesting outside of the church is a First Amendment activity. Disrupting church services and abusing congregants inside the church is conduct, not speech.

Ellison is supposed to enforce state law without favoritism. Instead, he attacked the Trump Administration, saying, “If Trump likes you, you can do no wrong.” There may be good-faith concerns over critics being targeted by this Administration. However, Ellison is the last person who should raise such objections.

There is not even a suggestion of self-awareness as Ellison dismisses any enforcement of his own laws against protesters who trespassed and engaged in disorderly conduct — putting aside the targeting and disruption of religious services.

Putting aside his own refusal to investigate or prosecute, Ellison has also declared that there are no grounds for federal charges. He is wrong. There are a variety of possible federal laws that could be enforced.

Ellison actually went on the podcast with Don Lemon, who has been denounced for filming the targeting of Cities Church. Lemon seemed intent on strengthening the federal government’s case in prior statements by attacking the faith of the congregants. He declared, “I think people who are, you know, in the religious groups like that, it’s not the type of Christianity that I practice, but I think that they’re entitled, and that entitlement comes from a supremacy, a White supremacy.”

The statement mirrored that of organizer Nekima Levy Armstrong, who leads the local Racial Justice Network, who declared that the churchgoers “need to check their theology and they need to check their hearts.”

Ellison then went on Lemon’s show and insisted that there is no federal crime here. He specifically stated that the FACE Act cannot be used in the case because it only deals with abortion rights: “the FACE Act, by the way, is designed to protect the rights of people seeking reproductive rights… so that people for a religious reason cannot just use religion to break into women’s reproductive health centers.”

While it is undoubtedly true that the FACE Act is best known as a bar on protesters targeting abortion clinics, it expressly extends to targeting churches, making it a federal crime to “prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to … exercise the First Amendment right of religious freedom at a place of religious worship.” Other laws protect against the denial of civil rights.

Ellison, however, told the public that no such laws exist and that the FACE Act cannot apply to this case.

Unfortunately, this is a signature moment for Ellison, who has long been accused of tailoring criminal enforcement to political agendas.

Ellison is accused of doing little to deter billions in fraud in his state. Recently, a tape was released in which Ellison met with Somali figures later convicted of fraud and agreed with them that they needed to support “candidates that will fight to protect our interests.”

At the same time, Ellison has shown disregard for legal standards by filing a frivolous lawsuit to prevent the federal government from sending additional personnel to investigate fraud or enforce immigration laws.

Ellison is a curious form of attorney general who opposes the actual enforcement of laws. Ellison is refusing to enforce his own laws while suing to bar the federal government from enforcing its own laws.  He is akin to a doctor who opposes the actual administration of medicine.

In some ways, Ellison has proven the perfect Antifa Attorney General, a law enforcement officer who supports the mob while denouncing the police.

Ironically, Ellison has made the case for increasing federal enforcement in his state. He has shown a pronounced disinclination to enforce laws against his political allies. He has created the very vacuum that is pulling federal personnel and resources into his state.

At the end of the day, it is actually a good thing that Keith Ellison is in court opposing such federal enforcement. After all, he is the best evidence for the need for enhanced federal enforcement in Minnesota.

Jonathan Turley is a law professor and the author of the forthcoming “Rage and the Republic: The Unfinished Story of the American Revolution.” It will be released on Feb. 3 for the 250th anniversary of the Declaration of Independence.

485 thoughts on ““This is First Amendment Activity”: Keith Ellison Denounces the Investigation of Church Protesters”

  1. He’s an idiot, a moron and a boob. No wonder Minnie is in grave danger. Get that jerk out of there.

  2. I really wish that these nut jobs would be prosecuted heavily for these transgressions. That includes the fake “journalist”Lemon, the imposter AG Ellison, and mayor of impotence, Frey for supporting these nut jobs. I don’t understand the reticence of the Feds to nail them all under a RICO indictment. I do understand why these pseudo-protestors theater kids did not invade a black church, a Jewish temple or a catholic church because the repercussions would have off the books, swift and immediate on the protestors. Some of them probably wouldn’t be heard from again, especially if they dared attack catholic churches frequented by certain Italian-American members of organized crime. Since they aren’t particularly intelligent, it’s llikely that they will pick the wrong target sooner rather than later.

  3. I remember Sidney Powell and others facing public denouncements, scolding from federal judges, potential bar association discipline, and being fined or required to pay the legal fees of opponents in the actions involving her frivolous legal arguments/filings (regarding 2020 election cycle irregularities). Might Ellison potentially face any similar legal jeopardy/discipline for filing his “frivolous lawsuit to prevent the federal government from sending additional personnel to investigate fraud or enforce immigration laws”? Should he?

  4. It’s not. It’s trespassing and harassment. Outside, ON THE PUBLIC SIDEWALK, would have been fine. Not barging into the church and doing what they did.

  5. Not the brightest candle in the candelabra…
    He is looting freedom to worship. yeah, I get it. It is hereditary

  6. If I were to punch Keith Ellison’s jaw with a sharp left hook followed by a quick right and left uppercut with my fists of freedom, and repeat this process until Ellison’s jaw doubles in size, would this constitute free speech, letting my fists do the talking for me? Sound reasonable using Ellison’s own Marxist “reasoning” . . . . and very satisfying.

    1. When using your fists to exercise your “free speech” as Constitutionally protected, you’d have to be careful where you exercise this right. In Democrat jurisdictions, the courts would address what your political views are versus the politics of the person that was the target of your fists, to make sure that your views are consistent with the Democrats’ views and that your target’s politics are antithetical to Democrats’ views. Under these circumstances, your speech would be fully protected. But you could pay a steep price, if the politics between you and the target are the opposite of this situation. In short, don’t try this in Marxist Minnesota.

  7. Excellent points. Ellison’s son being ANTIFA, and Ellison himself being willing to sacrifice his own son to clearly (to all reasonable people) unconstitutional principles tells you everything you need to know about both of them.
    They are all unwilling to unhook the IV supplying them with laundered tax dollars from those Somali pirates in MN.
    And if you challenge them to debate the issues, they run away and cry “racism” which, also to all reasonable people, is patently-absurd.
    But the good news is that, even as these rioting scum and their celebrities keep getting all the “influencer” coverage, they also keep making Democrat Party approval ratings keep plummeting.
    And, as always ever since Trump was reelected by a landslide, their Trump-deranged psychopathy won’t let them change.

  8. Voters are missing part of this.

    If there is a federal “Removal Order” – evidence of a specific immigrant staying here illegally, that is “probable cause”. A federal ICE agent can testify under perjury to a judge and obtain a judicial-warrant.

    Then the ICE agent – with judicial warrant in hand – can legally go get the illegal immigrant.

    That’s not what Trump is doing. Trump has manufactured an unconstitutional system that is blatantly racial-profiling and mission-creep.

    For example: without judicial-warrants, ICE agents aren’t stopping guys with blond hair and blue eyes at the Home Depot parking lot. ICE agents are targeting only people with dark skin and dark hair.

    Since Trump has mushroomed DHS hiring, since there are way too many ICE agents, they literally have to justify their existence by arresting people and creating hostile situations properly trained police would never do.

    That’s “Mission-Creep” – thousands of field agents aren’t going to sit at their desks, they are going to illegally search & seize as many people as possible – even the wrong people. If you only have 100 legal searches and 10,000 field agents, those 10,000 agents won’t twiddle their thumbs, they will arrest somebody or pick fights to create hostile situations.

    This is Trump’s sleight of hand not being reported by the Press. The biggest losers are us the taxpayers and legal American citizens committing the faux-crime of having dark skin and dark hair.

    1. “Trump has manufactured an unconstitutional system…”

      You do know that making untrue statements hurts your dreams of tearing down our government.

  9. The top priority of Congress – to literally save lives – is to thoroughly educate federal officials (ICE, FBI, DHS, CIA, NSA, DoD) on the “Petition/Grievance” clause of the First Amendment. This education could keep federal officials out of prison.

    Apparently agency heads (political appointees) haven’t properly educated their federal employees/contractors on the “Petition/Grievance” clause of the First Amendment.

    Federal officials are usually good people sometimes performing dangerous jobs to serve the public, but by Congress not requiring this education and an annual refresher exam – good federal agents can devolve into a Gestapo/Stasi like secret police.

    Everyday local, state and federal officials monitor social media for threats (like this website) and without this education these government servants view legal patriotic First Amendment as wrong or illegal.

    Some federal officials view legal patriotic First Amendment exercises as “probable cause” under the 4th Amendment, then proceed to search computers, hack legal speakers or punish perfectly legal First Amendment activity.

    Maybe Krist Noem and Tom Holman might want to read the “Petition/Grievance” clause of the First Amendment – maybe they weren’t educated on First Amendment or Fourth Amendment law? Both Noem and Holman made a promise to GOD to follow the U.S. Constitution with one hand on the Christian Bible – that oath includes following the “Petition/Grievances” clause.

    1. What on earth are you babbling about now? How is the right to petition the government relevant here? If you want to petition the government gather signatures and send them to your congressman, or to Ms Noem, or even to the President.

      You do NOT EVER have the right to interfere with law enforcement on the street, or to resist arrest — it’s even a crime to resist an illegal arrest, let alone a legal one!

      And you do NOT EVER have the right to barge in to private property and disrupt a private event, let alone a religious service, which is specifically protected by law. Nothing in the first amendment or any other amendment authorizes such behavior, and if you behave that way you deserve to go to prison for it.

    2. “. . . then proceed to . . .”

      Do you have an actual example? Or are you, yet again, just making stuff up?

      the “Petition/Grievance”

      I gather your hope is that if you mindlessly repeat those words enough times (without any attempt to explain what that clause means) — that people will mindlessly nod their heads in agreement.

  10. What every voter should think seriously about is:

    If we want an all-powerful president (not part of the original U.S. Constitution) – do we want a president of the other party having that same authority?

    If your favorite president can ignore laws, ignore Congress, ignore courts and ignore their Oath of Office. What could a Democrat do with that same authority?

    The one reform that benefits all Americans is being more conservative on presidential powers. Congress was listed under Article 1 powers of the Constitution (listed first to make clear America hates dictators). Presidents are listed under Article 2 powers, co-equal but largely subordinate to Congress (since Congress represents people). Courts are listed under Article 3 powers interpreting what the “constitutional rule of law” means (federal laws are legally required to circumscribe the U.S. Constitution).

    Trump is very skilled at business and marketing, but not very skilled in American style governing. If masked federal agents can abduct U.S. citizens off the street (without a warrant from a judge) – what could a Democrat do with that power? Maybe search door-to-door (without warrant) inspecting your guns and property. They would cite Trump as a justification for bypassing constitutional due process.

    Presidents need LESS authority, not more!

    1. No one is being abducted off the streets, nor are citizens being deported or jailed in the ICE enforcement for no reason. Illegal aliens with criminal histories are being sought, and apprehended, just as any criminal would. There is nothing unconstitutional about enforcing the laws of the United States relative to immigration. If protesters are causing ICE officers to not be able to carry out their duties and responsibilities, they are being arrested. Unfortunately, some have taken it to the point of threatening the lives/safety of officers and other people in the area.

      Additionally, in Minnesota (and other states) the Somali community (and possibly other groups) has used the benefits provided by our tax dollars for nefarious purposes. They have absconded illegally with tax payer dollars, which constitutes a crime in addition to illegal entry into the country.

      As a tax paying citizen, I do not like to have my tax dollars stolen. Do you?

    2. If your favorite president can ignore laws, ignore Congress, ignore courts and ignore their Oath of Office. What could a Democrat do with that same authority?

      Trump has not done ANY of that. It’s pure Democrat lying and fantasy, because that is how the 0bama and Biden administrations behaved, and how the Democrats intend to behave if they ever win another election.

      If masked federal agents can abduct U.S. citizens off the street

      The word is arrest, not “abduct”. And what they wear is none of anyone’s business. DEA agents have been wearing masks for a long time and no one has had any problem with it.

      (without a warrant from a judge)

      They have all the warrants they need. An administrative warrant is all they need to arrest someone. That’s what the law says, and nothing in the constitution says otherwise.

      And just like any policemen, if they see a crime being committed, or they have probable cause to believe a felony has been committed even if they didn’t see it, they don’t need any kind of warrant. That has always been the law, and you’ve never complained about it.

      Maybe search door-to-door (without warrant) inspecting your guns and property. They would cite Trump as a justification for bypassing constitutional due process.

      They can cite anything they like, but it wouldn’t be true. Under Trump that DOES NOT HAPPEN and anyone who claims it is happening is a LIAR.

  11. White racist rag for white racist Trash? you LOST the Civil War. you LOST to Dr. Martin Luther King and you LOST to Obama. You don’t get tired of being white and hateful and ALWAYS LOSING once the dust is settled?

  12. Professor Turley continues to earn respect – as our founding fathers did. Reasonable issue identification and discussion. This forum should concentrate more on his issues analysis than individual rage we feel.
    1. “Ellison is infamous for his prior support for violent groups.” – Compared historically, Keith Ellison (AG) is one of the visible leaders of today’s raging Brown Shirts – claiming “for the people” when promoting violence against their “opponents” – against those “categorized” as enemies and culturally, racially, even sexually identified as inferior species (eg: “their constitution is the bedrock of American law; it’s the best evidence of a white racist conspiracy to subjugate other peoples.”,“I think people who are, you know, in the religious groups like that, it’s not the type of Christianity that I practice, but I think that they’re entitled, and that entitlement comes from a supremacy, a White supremacy.”.
    2. “A mob action against a church would be something that would transcend political divisions as a grotesque and chilling act.Ellison promotes violence”. A mob action promotes violence against categorized groups. Hence, Krystallnacht, and Night of the Long Knives. Apparently, Ellison promotes violence “for a good cause.”
    3. “Ellison then went on Lemon’s show and insisted that there is no federal crime here [the FACE act]”. Ellison, as we have further seen, empowers the local and federal judges funded by or leveraged through the Blue Deep State – most notably the OSF foundation hierarchy and ActBlue His actions illustrate the “righteous belief” (as do 3 of the SCOTUS AJs) that the law is randomly written without legislative action and can be used to persecute when cited as opinion. (ex: “It depends on what the meaning of the word ‘is’ is,” – William Jefferson Clinton)

  13. I thought antifa was designated a domestic terrorist organization???

    Where is the FBI and DOJ arresting these domestic terrorists?

  14. The congregants inside the church were engaging in a first amendment activity. The protestors’ intent was to obstruct that. Their first amendment right to free speech ended when they entered the church to interfere with the first amendment right of others to exercise their religion.

  15. DOGE Employees Tried To Sell Social Security Data

    Two members of Elon Musk’s DOGE team working at the Social Security Administration were secretly in touch with an advocacy group seeking to “overturn election results in certain states,” and one signed an agreement that may have involved using Social Security data to match state voter rolls, the Justice Department revealed in newly disclosed court papers.

    Elizabeth Shapiro, a top Justice Department official, said SSA referred both DOGE employees for potential violations of the Hatch Act, which bars government employees from using their official positions for political purposes.

    https://www.politico.com/news/2026/01/20/trump-musk-doge-social-security-00737245
    …………………………………….

    A team of geeks, from outside government, allowed acess to the personal data of every U.S. citizen. What could go wrong..??

    Well at least the DOJ is on this.

    1. As they should be (in prison), but Government workers has done this type of stuff for years.
      This is not a one time thing.

    2. You do realize that your entire post is spin.

      These people MAY HAVE.

      Let me suggest a more likely scenario.

      2 DOGE employees working in SS discovered via SS data that it was likely that there was election fraud.
      As an example they found more Registed voters in a county than people with SS#’s

      I would note that Federal law is requiring that states andd counties verify their voter registration rolls,
      But few do. It has frequently been reported that many copunties have more registered voters than residents.
      That is a common occurance.

      So these DOGE employees – having discovered this decide to on their own time participate in groups seeking to fight for election integrity.

      While the above is a “hypothetical” – it entirely fits the FACTS you claim, it just does not have the SPIN you have put on it.

      If there is real evidence that anyone shared SS informationt hat they were not allowed to – they should be prosecuted.

      But your “team of geeks from outside of government” argument is garbage.
      Nearly all illegal leaks come from govenrment employees – not outside contractors.
      Further DOGE is not a “team of Geeks from outside government” – they are government employees – not outside contractors.
      Separately all military equipment in the US is designed and produced by “teams of geeks from outside of government”‘
      For several years I was one of those – working on integrating AEGIS into a high speed realtime SQL controller that treated information for military datalinks as live databases. This was utilized in GWII.

      Finally – lets presume that YOUR spin is entirely correct – depending on the EXACT circumstances it MIGHT be illegal for SS data to be shared with election integrity groups – Still we would hope that SOMEONE is doing what the law requires and assuring that people on our voter registration roles actually belong there.

      We should WANT people to question election integrity, to scour election data looking for evidence of corruption and Fraud.
      We shoul dhope they find none.
      But if they do – we should do whatever is necessary to eliminate fraud or the potential for fraud from our election.

      But why would one expect sanity from left wing nuts – you are championing illegal aliens that are violent criminals.
      And demonizing those trying to remove them from the country.

    3. Cleaning up the electoral rolls, and proving election fraud, is not a partisan political activity. Not only does the Hatch Act not forbid using government resources for this, the law actually requires the government to maintain clean rolls and police such fraud, using government resources. So if this story is true there is nothing to it.

  16. “In some ways, Ellison has proven the perfect Antifa Attorney General, a law enforcement officer who supports the mob while denouncing the police”

    Is Ellison another Soros protege?
    He sounds like SF’s Chesa Boudin — a Soros-backed DA who was a natural public defender.

      1. how old is that white racist excuse? When is the last time anybody saw Farrakhan outside? 1990? You got a newer white racist lie than that one don’t you?

        1. Farrakhan may have slowed down in this decade but he was certainly active during the 0bama administration. And Ellison was NOI way back in the ’80s. He had an X in his name and all.

      2. Farrakhan would not direct people to trespass in churches. His people are not that kind. They are not anarchists, they are actually a pretty law abiding congregation.

        Ellison by contrast is condoning lawbreaking at least on the level of misdemeanor trespass and disorderly conduct., they should all get misdemeanor punishments even if they dont “make a federal case” out of it.

        Sal Sar

  17. Turley is painfully naive. Ellison is a muslim. The koran commands muslims to destroy everything not muslim. He is acting in accordance with the precepts of his religion.

    1. “The koran commands muslims to destroy everything not muslim”.
      And of course you have proof of that.

      1. 1,400 years of wanton destruction (including the Twin Towers), bloody conquests, and state-supported terrorism (Iran).

      2. your job is to white racist LIE on anyone that don’t bow to your white racist hateful vulgar stupid savior? And I am NOT talking about Jesus.

    2. Ellison is a Moslem the same way 0bama is a Christian or Sanders is a Jew. He doesn’t believe in the Koran any more than those two believe in the Bible. Their only gods are themselves, and possibly — a distant second — Karl Marx.

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