The Supreme Court on Wednesday wrestled with whether a Mississippi street preacher can bring a constitutional challenge to a city protest rule after he was already convicted of violating it.
Several justices signaled unease about the troubling precedent at stake and the possibility of cutting off a path to court.
Street preacher Gabriel Olivier argues that Brandon, Mississippi's ordinance governing demonstrations near the city amphitheater infringes on his religious and free-speech rights.
Lower courts threw out his federal lawsuit because he had been convicted under the same ordinance.
Those courts said his claims run into the Supreme Court's 1994 ruling in Heck v. Humphrey. Under that decision, civil suits that would necessarily undermine the validity of a conviction generally cannot proceed unless the conviction has been favorably terminated.
During argument, justices across the court questioned whether Olivier's request can be granted without narrowing, or effectively retreating from, Heck. Justice Samuel Alito asked whether a win for Olivier would require the court to "backtrack."
Justice Elena Kagan said she was struggling to see how the court could rule for Olivier without effectively admitting it erred in the earlier case.
Olivier's attorney, Allyson Ho, told the court her client is not trying to erase his conviction and is seeking only forward-looking relief. She urged the justices to allow "prospective" claims to go ahead even when past convictions remain on the books.
Kagan responded that a declaration labeling the ordinance unconstitutional would, by its nature, suggest the conviction was wrongful.
The ordinance shifts demonstrations to a designated area for three hours before events and one hour afterward. It also forbids amplified sound that is clearly audible from more than 100 feet away.
Brandon has said it adopted the restrictions after protesters used a loudspeaker to hurl insults at passersby.
Olivier pleaded no contest, paid a $304 fine, and received a suspended sentence and a year of probation.
Chief Justice John Roberts and other justices questioned whether Olivier's suit could eliminate collateral consequences tied to that sentence.
City lawyer G. Todd Butler said Olivier has state options, including expungement or a pardon.
President Donald Trump's administration supported letting Olivier pursue prospective relief. That position drew skeptical questions from multiple justices.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
© 2025 Newsmax. All rights reserved.