9-0: Supreme Court Sides With Street Preacher’s Right to Sue Over City’s Speech Restriction

The Supreme Court, in a unanimous decision on Friday, allowed a Christian pastor to proceed with his lawsuit against a Mississippi city’s law restricting where he could preach.

In the case of Olivier v. City of Brandon, Justice Elena Kagan, a Barack Obama appointee, wrote for the court in the case involving free speech and religious freedom.

The high court determined that pastor Gabriel Olivier could sue the government of Brandon, Miss., over an ordinance he contends unconstitutionally prevents him from sharing his Christian faith near a public amphitheater.

He was arrested for preaching outside the designated free speech area in 2021 and pleaded no contest.

The city cited a 1994 Supreme Court ruling in Heck v. Humphrey that a person cannot bring a civil rights lawsuit if success in the lawsuit invalidates a prior conviction—unless that conviction has already been reversed through appeal or clemency. Not a single justice bought the city’s argument. 

“By contrast, 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 wrote.

“The Heck court did not consider such a suit, and the Heck language was not meant to address it. Heck, properly understood, does not preclude suits that only attempt to prevent future prosecutions.”

Kagan later added, “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.” 

In a public statement, Olivier was thankful for the ruling. 

“My goal from the beginning was to be granted my rights as an American citizen under our great Constitution,” Olivier said. “Now all people with deeply held Christian religious beliefs who are called to share the good news can do so in the public arena.”

The case was argued in December before the justices. 

Brandon, Mississippi, adopted a city ordinance in 2019 regulating protests around the city’s amphitheater.

Pastor Gabriel Olivier preached outside the designated “protest zone” in May 2021, and police told him to stay in the zone. Olivier first obeyed as requested, but later argued the designated area was too isolated. So, he returned to his original location and was arrested for violating the city’s ordinance. 

He pleaded no contest in June 2021 to violating the ordinance, but now wants to prevent future enforcement.

Had Olivier challenged his arrest, it would have been less murky legal territory since he would clearly have standing as someone harmed or affected by the law. However, his no-contest plea was not an admission of guilt, but also did not dispute the charges. He received a fine and a suspended 10-day sentence. 

Olivier wanted to return to preach at the amphitheater area again, so to avoid another arrest, he challenged the constitutionality of the city’s ordinance in federal court.

During his opening arguments, G. Todd Butler, representing Brandon, said Olivier had multiple opportunities to challenge the law and his conviction in state courts. Butler scoffed at the argument that “courthouse doors are closed” to Olivier. 

The district court and the 5th U.S. Circuit Court of Appeals determined Olivier could not challenge the Brandon ordinance even if its future enforcement would violate his constitutional rights. Both courts based their decisions on the Heck case.

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