The Supreme Court said Thursday it will take up a case challenging a Mississippi city's protest ordinance, brought by a street evangelist who asserted the rules violate his First Amendment rights, The Hill reported.
Gabriel Olivier, a self-described Christian evangelist, is seeking to revive a lawsuit against the city of Brandon, Mississippi, after being penalized for preaching near the city's amphitheater in violation of a municipal ordinance.
The court's decision could shape the extent to which local governments can regulate public demonstrations and speech near public venues.
The ordinance, enacted by Brandon officials, restricts protests and demonstrations to a designated area near the city amphitheater during specific hours — three hours before and one hour after an event. It also prohibits the use of loudspeakers that are "clearly audible" more than 100 feet from the protest area.
The city said it passed the ordinance after Olivier and a group of demonstrators used a loudspeaker to call passersby "whores," "Jezebels," "sissies," and other slurs during events at the amphitheater's busiest intersection. City officials argued the ordinance preserves public order while allowing time and space for protest.
Olivier, however, claims that the restrictions infringe on his rights to free speech and the free exercise of his religion. He filed suit after being charged and pleading no contest to violating the ordinance, paying a $304 fine. He had stepped outside the designated protest zone, arguing it was "too isolated for attendees to hear his message."
A federal judge dismissed his case, and the 5th U.S. Circuit Court of Appeals upheld the decision, citing the Supreme Court's 1994 ruling in Heck v. Humphrey. That decision barred individuals convicted of crimes from pursuing lawsuits against officials unless their conviction is overturned. The full appeals court narrowly declined to rehear Olivier's case, with several judges dissenting.
"It sends an odd message to citizens who care about defending their constitutional rights," Judge James Ho wrote in one dissent. "On the one hand, we tell citizens that you can't sue if you're not injured. But on the other hand, we tell them that you can't sue if you are injured."
Olivier's legal team, including the First Liberty Institute, is asking the high court to clarify whether the Heck decision applies to cases involving First Amendment claims.
"Every American has First Amendment rights to free speech, and every American has a right to their day in court," said Kelly Shackelford, president, CEO, and chief counsel for the First Liberty Institute, which is representing Olivier. "Both of these rights were violated for Gabe Olivier. The Supreme Court will now decide whether those rights will be protected for all Americans."
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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