Don Lemon and Georgia Fort should have never been arrested.

This is not the first time journalists have been imprisoned because they were doing an activity protected by the First Amendment. In case you aren’t aware, one of the Amendment’s clauses directly states Congress shall make no law abridging the freedom of the press.

By observing government operations in a non-interfering way, are journalists breaking the law? The answer should be super easy: no. Because it is a Constitutionally-protected right.

Those protections are the same reason anybody can record police, federal agents or any official. Restricting the right to document events puts a chokehold on the function of the press and the free flow of information, which is essential to hold onto.

Make no mistake, these are lawless times we are in right now. When federal agents can embark on a town or city more than 100 miles away from their jurisdiction, when they can try to disappear people or force their way through homes without warrants, this is not law and order.

This is an invasion on the people of the United States, legal immigrants or illegal. Agencies such as ICE are targeting people on a whim. Those who cannot see it this way are either misinformed, not paying attention to anything happening or living in an alternate universe.

Yet the current administration’s argument is always about people not complying or somehow obstructing a federal activity. How is simply observing what is going on —  not interrupting or interfering with an operation, just observing and reporting —an  obstruction? It isn’t. But these are still lawless times we’re in now.

The argument for Lemon’s arrest hinges on the arrest not being about journalism but instead about freedom of religion.

Now, it is reasonable to possibly expect the owner of private property to try to get protesters off their property. But this still doesn’t mean it can be used as an excuse to arrest a journalist simply doing their job, even if they’re present when illegal activity is taking place.

Imagine walking Downtown and witnessing a fight that leads up the stairs to an apartment building. You’re close enough to see the fight, you might be standing on a step or two, and maybe you make the decision to record what you see. And then suddenly, you’re being arrested.

What happened with Fort and Lemon was almost just as absurd. When one identifies themselves as press and has made it clear they have not caused any problems, they should be let go. Watching an event unfold with your eyes should not be a crime.

But if anything, this should be a motivator for all journalists. The government may think they have the upper hand by arresting people to send a message, but the message failed to deliver.

The idea of news reporting, keeping communities informed and reporting facts to as many as will listen is not a new concept or a strange one. We are a fundamental piece of democracy and are not going away no matter how often the current administration demonizes us.