“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.

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

    1. Actually no it does not.

      No where in the constitution is the Church precluded from participating in the political process.

      Government may not infringe on Religion.
      It also may not establish as specific religion.

      Every religion in existance is free to do whatever it is able to regarding government

  1. So, in the end, America finally discovers that public assistance and affirmative action were not only unconstitutional but also unsuccessful and counterproductive.

    Just imagine if the Supreme Court, vested with the judicial power, had struck down all unconstitutional acts of anti-American communism throughout American history.

    America would truly be the land of the free, and the unassimilable and deleterious hordes would have gone or stayed home.

    1. Speaking of an anti-American, anti-Constitution, communist judicial branch, why hasn’t Tyler Robinson, the assassin of Charlie Kirk, been executed yet, and why hasn’t he pleaded yet in his constitutionally required “speedy” trial?

      Certainly, there is overwhelming evidence of his confession and guilt.
      ____________________________________________________________________________

      6th Amendment

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,….

      1. Tyler”good aim” Robinson will probaly be convicted and receive life. Investigations take time or it gets rushed and evidence becomes inadmissable and what becomes an easy conviction becomes a mistrial/hung jury or acquittal. Then no justice will be served an no one wants that

        1. 6th Amendment

          In all criminal prosecutions, the accused shall enjoy the right to a SPEEDY, SPEEDY, oh, and did I say, SPEEDY and public trial,….
          _________________________________________________________________________________________________________________________________________

          The prosecution, the defense, and the public have the same constitutional right to a SPEEDY trial.

          What is wrong with the judicial branch, the omnipotent juristocracy?

        2. Tyler Robinson may savagely impose the death penalty but he may not suffer the humane death penalty?

  2. Free Speech Equity. Perfect LEGAL argument! Now let’s see the KKK organize and enter a Black Church and receive the same defense of their 1st Amendment Rights by a Progressive D.A. like Ellison, bro/bru/comrade.

  3. At some point this space began to feel less like deliberation and more like a political sporting event. The teams are set, the jerseys are worn (many reading “Anonymous”), JT tosses the ball onto the field, and the game begins. Back and forth all day, with tomorrow bringing a fresh matchup and the same ritual. Don’t get me wrong, I’m grateful for this space and for JT as a host. It’s been a place where iron sharpens iron, and I’ve learned a great deal here. For me, though, it eventually became clear that for this to matter, I had to do something with what I’d learned. The next step is taking those lessons beyond debate and into action.

    1. Forgive me, but is that a question or an impromptu poem?

      The use of the nom de plume “Anonymous” serves as a defense against incessant, non-deliberative, performative, and vicious ad hominem attacks, which are the very antithesis of genuine debate.

    2. OLLY,
      Most of the time, the annony moron only tries to derail actual debate with really dumb comments, various attempts to compare something to the Ukraine, the Epstein files (which no one really cares about/wake me when something of real interest appears), the justified self-defense shooting of Good, the failed attempts to claim Jan6th was an insurrection when anyone with a brain knows it was not and the Jan6th committee (the first one) was a clown show, and all the attempts to deflect from the JT article with . . . BUT TRUMP!!!
      For the most part, I generally just scroll past, only reading serious, legit people like yourself, HullBobby, TiT, Lin, OldManFromKS and many others.

      1. Fair enough Upstate, and I agree there’s a lot I scroll past as well. My observation wasn’t aimed at personalities, but at the structure. I’ve learned a great deal here and respect many of the serious voices you mentioned. For me, though, the realization was that the format tends to reward repetition more than resolution, and that’s where my focus has shifted.

  4. Asking Ai [is there a cure for stupid], in return:

    GTP-4o mini overview:
    ‘It seems like you might be feeling frustrated. If you’re referring to misunderstandings or communication issues, improving communication skills can help. Engaging with different perspectives, staying patient, and using clear language can enhance understanding.”

    Google Ai overview:
    “You can’t “cure” inherent intelligence, but you can improve thinking and behavior by practicing critical thinking, learning new skills, reading widely, pausing before reacting (reflection), and challenging your own beliefs; focusing on self-awareness and growth helps manage what’s often labeled as “stupidity,” which stems more from behavior than intellect.

    Bing Ai overview:
    “While there is no literal “cure” for stupidity, improving critical thinking, self-awareness {Ai wrote self wareness}, and communications skills can help mitigate irrational behavior and poor decision-making.

    Understanding Stupidity:
    Stupidity can often be linked to cognitive biases, emotional responses, and social influences. It is not merely a lack of intelligence but can stem from various factors, including Cognitive Biases: These are systematic patters of deviation from norm or rationality in judgment. For example, confirmation of bias leads individual to favor information that confirms their existing beliefs, while groupthink can result in poor decision-making due to the desire for harmony within a group.
    Emotional Responses: The amygdale, a part of the brain responsible for emotional processing, can override rational thought, leading to impulsive decisions.

    Stephen Vizinczey: “Strange as it may seem, no amount of learning can cure stupidity, and formal education only fortifies it.”

    Charles E. Hummel wrote a booklet in the 1960’s:’Tyranny of the Urgent’ where the immediate obscures long-term important goals, creating reactive behavior and fostering inefficiencies.

    All of the above has been on display ever since the Democratic Party adopted their blind path towards Socialism, or should I use a better definition ‘Communism’.

    I’ll end with an excerpt from a letter by Thomas Jefferson to Danbury Baptist Association January 1, 1802: “….I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties….” I’m not wonderstruck there are democrat heathen fools running around inside a House of God protesting about the government, but I NEVER THOUGHT I’D SEE THAT IN AMERICA.

      1. What discount his wise words as you say because he failed to live by his own standard? All of us have Sin yet value.

      2. Clearly, Thomas Jefferson had sexual relations with female slaves.

        Do you have knowledge of every sexual act that has occurred in the history of mankind?

        Do you have any evidence that Thomas Jefferson illegally raped anyone?
        ________________________________________________________________________________

        AI Overview

        Acts that would be defined as rape today—non-consensual sexual intercourse involving force, threat, or coercion—have almost certainly occurred throughout the past 100,000 years of human history.

        While direct archaeological evidence for a specific incident 100,000 years ago is impossible to find, evidence from evolutionary biology, anthropology, and documented history suggests that sexual coercion has been a recurring feature of human behavior.
        ______________________________________________________________________________________

        The Israelites were slaves in Egypt and so on throughout the history of mankind.

        AI Overview

        Slavery was legal in the U.S. for nearly 250 years, starting with the arrival of Africans in Jamestown, Virginia, in 1619, and ending with the ratification of the Thirteenth Amendment in December 1865, which abolished chattel slavery, though its legacy persisted through other forms of forced labor and systemic inequality.

  5. “…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.” — Lunatic-Leftist Takeaway: Abortion clinics are SACRED, churches are not.

    Ellison’s malicious bias, not administering the law equally as the state’s chief law enforcement officer, is proof of the state’s widespread and endemic corruption.

    Fair, objective, equal, and UNprejudiced law will cease to exist Minnesota: Much like Starmer in London, Walz, Omar, Ellison, and Frey will cede Minnesota, its modernity and sovereignty, to pirates.

    1. Dianna Bec, the FACE act cannot be used in this instance. The Act is about guaranteeing access and preventing protesters from blocking access and destroying property at abortion clinics or places of worship.

      None of those issues were present at the demonstration. The protesters were not blocking people from entering or leaving the church or destroying property. During a service anyone can enter. Unless they are specifically asked to leave. A one-time protest at a service and interrupting it is not cause for invoking a constitutional violation of exercising your right to worship.

      At a minimum it’s a local ordinance or state misdemeanor charge of disturbing the peace or some other law, but not the FACE act.

      Those on the right want the harshest possible punishment including federal charges which a re not possible based on the facts and evidence. Was it wrong? Absolutely. Was it rude? Definitely. Was it a felony crime or federal law violation? Absolutely not. That is why professor Turley did claim it was or explained in detail why would the FACE act apply. He k knows it wouldn’t.

      1. Again—Lunatic-Leftist Takeaway: Abortion clinics are SACRED, churches are not.

        Your analysis is shortsighted. The FACE Act can and should be invoked, and prosecuted, just as any other leftist’s self-serving application:
        the pressure brought to bear (at this illicit break-in), at this uncivilized, troglodyte “demonstration,” was face-to-face, out loud, greatly intrusive, and a violation of the “separation of church and state,” a violation which does not have to result in property damage, but the impeding of the intrinsic rights to the freedom and practice of faith (religion) free of political-interposing …..

        E.g., recently, when someone has been praying outside an Abortion Clinic, praying silently (inside their head and spirit), not blocking any doorways, not blocking access, or entering, they have been threatened and arrested—this is unequal administration of the law.

        While these troglodyte protester’s didn’t block doors; they physically BLOCKED PROCEEDINGS! Based on facts and evidence, they most definitely fit into the brazen violation of rights enumerated by the FACE Act, far more than anyone praying silently outside,having no physical contact! If praying silently outside an abortion clinic is a felony crime, then stopping the proceedings of church services is on par. And yes, the troglodytes were asked to leave, and did not, until their bile was fully and freely spent. Arrest them all.

        1. Clinics are real and don’t require superstitious or magic to work. only magic believing psychos attack healthcare clinics. Churchs should be taxed and closed. Religion is the opiate of the masses. Religion is a scam, there is no god.

          1. RABBLE:
            says the ATS who has a god: the party, only the party, nothing but the party. And it is a cult.
            Don’t believe me? What, pray tell my dear ATS, do you do with someone who does not ascribe to your (very narrow) politically-rose-tinted worldview? I think what’s been happening to innocent civilians from the mobs in MN is aa pretty good indicator.

        2. Dianna Bec, no.

          There is a distinction between a private abortion clinic which has barriers and controlled access and a church allowing access to anyone during services. A buffer zone to keep protesters at a reasonable distance IS constitutional according to SCOTUS.

          Praying within the zone is not a crime, BUT remaining within it IS. Protesters can pray all they want as long as they are outside the buffer zone. That’s it.

          “ While these troglodyte protester’s didn’t block doors; they physically BLOCKED PROCEEDINGS! Based on facts and evidence, they most definitely fit into the brazen violation of rights enumerated by the FACE Act,”

          Nope. The FACE act only protects against physical blocking of access to the building. Not proceedings. Interrupting a service is not part of the FACE act.

          1. “The FACE act only protects against physical blocking of access to the building. Not proceedings. Interrupting a service is not part of the FACE act.”

            So, those protesting abortion clinics can’t block access to the building but can interrupt the proceedings?

      2. Protesters will be charged at minimum with:

        Intentionally interfering with worshippers’ exercise of religious freedom by barging in, chanting loudly, disrupting prayers/preaching, and halting the service.

        Potentially using physical obstruction or creating an intimidating environment (e.g., approaching the pulpit, refusing to leave promptly, or making passage unreasonably difficult/hazardous in the sanctuary).

  6. These protesters exhibited the most Ghoulish of behaviors. Don Lemon with the “I just followed them in to commit journalism” excuse doesn’t fly. Try using that after providing coffee and doughnuts to a gang of bank robbers and then following the gang into a bank to “commit journalism”. 1-10 years behind bars should be a cakewalk for these people, after all, they are doing such important work.

  7. I wonder whether it has occurred to anyone in Minnesota that AG Ellison has likely violated not only multiple laws, but also the Code of Conduct that applies to attorneys in Minnesota.

    At least here in New York Representative Elise Stefanik has filed ethics complaints against Letitia James.

    1. Ellison’s abandonment of his duties of office can lead to his removal from office. He is not the only AG to be utilizing non-enforcement of laws to further his personal political objectives.

      1. And Lincoln must have done his duty and enforced legally enacted immigration law in 1863.
        ____________________________________________________________________________________________________

        Naturalization Acts of 1790, 1795, 1798, 1802

        United States Congress, “An act to establish an uniform Rule of Naturalization,” March 26, 1790

        Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof….

  8. Wait! Wait! It was only a few months ago when Democrats told us that ANTIFA wasn’t an organized protest group but just an idea. My bet is that the scruffyens don’t pay for those signs out of their own pockets. More than likely they come from a Somali print shop that is billing the state for providing posters and snacks for the kiddies. Walz knew. The first investigation of Somali fraud was back in 2022 but Walz still took their money to run his campaign and or investments. They have fought tooth and nail to keep their honey pot full but now it’s all about oh but we had no idea what was happening. People in Minnesota must like being conned. Otherwise more commonly know as your every day sucker and suckeret.

  9. TY Prof. Turley!!! ELLISON’s comments re The Constitution: ‘..it’s the best evidence of a white racist conspiracy to subjugate other peoples…” are full of RACIISM & HATRED as well as totally wrong… if these cpomments were true.. he would have never been able to go to college, let alone law school here in the USA… yet despite his degrees, he is Ignorant and a sham as a legal expert.

  10. Dear Mr. Turley, the Minnesota Attorney General is a big-time loser. I am sure he didn’t have these same thoughts when it came to the January 6th riot. Those folks were well within their constitutional rights. This past Sunday, the rude people, who disrupted a worship service, shouted at the congregants and made various threats, should be arrested. In particular Don Lemon and the guy with the beard who made threats to the people in the sanctuary. The mainstream media along with the Left can no longer complain about January 6. They are hypocrites. Every single last one.

  11. In other words Ellison and Trump have something in common. They both need more education in American Civics;)

    1. Dear Troll ‘Anon.’ throwing out another piece of non-sensible rubbish….. how much do you get paid for this nonsense?

  12. A hearty THANK YOU to the anonymous commenters who have already cited the Lloyd v. Tanner case as one which illustrates the general principle that private property does not automatically become a bona fide public forum merely because it opens its doors to the public.
    For the wannabe lawyers–or worse, the actual lawyers who are ill-informed but want to ‘educate’ the rest of us, –this privately-owned blog site is PRECISELY the type of forum generously provided to us to correct their errors. THANK YOU PROFESSOR TURLEY.

    I’m surprised that the good professor did not include the presaging statement from Keith Ellison, to wit, that no one “is immune from the voice of the public.” https://www.newsbreak.com/news/4450390362880-minnesota-ag-keith-ellison-on-church-protest-no-one-immune-from-the-voice-of-the-public
    (yeah, the ‘Roar of the Greasepaint, the Smell of the Crowd’) (I know nothing of this 1960s Broadway hit, but the title has always fascinated me…in its applicability)

    1. Nobody disputed the fact that the church was private property. It’s irrelevant to the issue. Turley chastised Ellison for not using law, specifically the FACE act to prosecute the protesters. Problem is the FACE act cannot be used since it’s a law regarding access to an abortion clinic and the buffer zones meant to keep protesters at a reasonable distance and that includes churches.

      Since the protesters did NOT physically block or prevent worshipers from entering and leaving and did not destroy property Ellison cannot use that federal law to prosecute the protesters They cannot be charged with trespassing since the church was open to anyone during service. If the pastor called police to have them removed and protesters refused THEN they could be charged with trespassing.

      There is no federal crime about walking in and heckling and shouting down a pastor or interrupting a service. What IS relevant is which local ordinances or state laws (very likely) misdemeanors would apply. The question is whether the church wants to press charges or not.

  13. Planned parenthood umbrella corporation offers reproductive rites or womb death care for unplanned pregnancies (e.g. rape… rape-rape) and sequestration of the “burden” of evidence in sanctuary states. #MeToo

  14. He is the perfect Democrat: Marxist/Islamist Anti-Semite. He would gladly destroy this country as would so many of his cohorts

  15. Keith Ellison was elected state Attorney General by the people of Minnesota, twice. Having done so is a message there to the rest of the country.

    1. With the ability to ballot harvest, vote by mail long before (and after) “election day,” voting machines whose algorithms can be written with complex mathematics to churn a programmed result, you (WE!) have NO IDEA who is actually elected anymore.

      It is more than likely Ellison has been selected and kept (not by voters, per se) for many reasons, the first of which is his MARXIST/antifa ideology, and not the least of which IS his facilitation of the Minnesota-Somali-fraud.

      We are living in very dark times, when open fraud and its obvious channels of facilitation (Walz/Ellison/Omar/Frey) are ignored and/or treated like upstanding citizens.

  16. UNFORTUNATELY AT EVERY TURN… ELLISON ADVANCES, ISN’T CHECKED… HE ASCENDS TO A HIGHER LEVEL AND SO IT GOES… THE DEM JUSTICE CYCLE. HE WILL NEVER ANSWER TO ANYONE AND WILL NEVER PAY FOR THE HARM HE’S CAUSING…. THE DUDE IS SHAMELESS AND COULD CARELESS….

    1. UNFORTUNATELY AT EVERY TURN… TRUMP ADVANCES, ISN’T CHECKED… HE ASCENDS TO A HIGHER LEVEL AND SO IT GOES… THE MAGA JUSTICE CYCLE. HE WILL NEVER ANSWER TO ANYONE AND WILL NEVER PAY FOR THE HARM HE’S CAUSING…. THE DUDE IS SHAMELESS AND COULD CARELESS….

  17. What’s needed with these protestors and children of disobedience is a raw anointing with Pastor Benny Hinn.

    1. The protesters need to be hit by an utterly fraudulent liar and fraudster conman like Benny Hinn? Huh?

  18. A bigger crisis. Today in 2026, taxpayer dollars finance federal officials buying homes next to private citizens to monitor and penalize perfectly legal First Amendment activity.

    In other words they slow down, disrupt or intercept legal speech prior to posting on Turley’s website.

    This is a federal felony crime under Title 18 US Code 245 and Kash Patel appears to driving this criminality.

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