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I really don't know how this is applicable. The fact that the protestors are ready to justify their actions does not latter. What matters is whether or not they violated the FACE act. Likewise, the fact that the protesters deem the Pastor to be "uncool" is also a non starter.
My post was in response to your comment ... a weak point might be the videographer.
From what I posted, it appears that Jerome has publicly substantiated that Don was there to report on the activist activities.
imo