Supreme Court Revives Street Preacher’s First Amendment Suit

The Supreme Court on Friday unanimously ruled that Gabriel Olivier, an evangelical Christian arrested while preaching near a suburban amphitheater in Brandon, Mississippi, may proceed with his civil rights lawsuit challenging the local ordinance that led to his arrest.

Olivier had previously been convicted of violating a city ordinance that restricted demonstrations to a designated “protest zone.” Lower courts had barred him from pursuing his claims, determining that his prior conviction prevented him from filing a lawsuit over the incident.

In a unanimous decision, the Supreme Court rejected that reasoning, allowing Olivier’s case to move forward and be considered on its merits, The Associated Press reported.

“Given that Olivier asked for only a forward-looking remedy — an injunction stopping officials from enforcing the city ordinance in the future — his suit can proceed, notwithstanding his prior conviction,” Justice Elena Kagan wrote for the court.

Olivier’s lawyers stated that he was peacefully demonstrating when he was arrested for refusing to relocate to a designated “protest zone.” They argued that the legal principle involved impacts free speech cases across the political spectrum.

“This is not only a win for the right to share your faith in public, but also a win for every American’s right to have their day in court when their First Amendment rights are violated,” said Kelly Shackelford, president and CEO of the conservative nonprofit First Liberty Institute, per the AP.

“As people of faith, we look to the judiciary to protect our constitutional right to spread the gospel,” added attorney Allyson Ho of the firm Gibson Dunn.

The decision opens the door for him to file a civil rights lawsuit, although it does not guarantee a victory. Local governments have expressed concern that a ruling in favor of Olivier could have significant implications, potentially leading to an influx of new lawsuits against cities and towns.

The city of Brandon has stated that the restrictions were not based on religion and that Olivier had various other legal options to contest the law. City attorneys indicated that the ordinance, which limits Olivier to a designated “protest zone,” has previously withstood another lawsuit.

In 2019, Olivier was not permitted to preach outside the theater or use signs or speakers during live events. Olivier was arrested in 2021 for breaking the town’s ordinance that limited where he could speak in public. Later, he sued, saying the city had violated his First Amendment right to free speech.

Olivier didn’t go to court over the $350 fine he got. Instead, he filed suit to make sure that the city law wouldn’t stop him or someone else like him from preaching outside the theater.

“Assuming a credible threat of prosecution, a plaintiff can bring an action to challenge a local law as violating the Constitution and to prevent that law’s future enforcement,” Kagan wrote.

Heck v. Humphrey set a precedent holding that a person can’t sue to overturn a prior conviction. Olivier’s case challenged that precedent.

Kagan said that a lawsuit asking for future help with an activity, like Olivier exercising his First Amendment rights, was valid under the court’s rules. She said it was like a prisoner asking for a fairer trial in the future.

“Olivier’s suit merely attempts to prevent a future prosecution, so the Heck bar does not come into play,” Kagan wrote.

“There is no looking back in Olivier’s suit; both in the allegations made, and in the relief sought, the suit is entirely future-oriented – even if success in it shows that something past should not have occurred,” Kagan continued. “His suit to enjoin the ordinance, so he can return to the amphitheater, may proceed.”

Earlier, Kagan denied a request from four Mexican nationals who asked the court to block their deportation orders so they could file an appeal.