Supreme Court Issues Unanimous 9-0 Ruling, Surprising Court Observers
The Supreme Court unanimously decided that Gabriel Olivier, an evangelical Christian who was arrested while preaching near a suburban amphitheater in Brandon, Mississippi, can proceed with his civil rights lawsuit. The lawsuit challenges the local ordinance that led to his arrest.
Olivier had previously been found guilty of violating a city ordinance that limited demonstrations to a specific “protest zone.” Lower courts had prevented him from pursuing his claims, ruling that his prior conviction stopped him from filing a lawsuit about the incident.
In a unanimous decision, the Supreme Court rejected that reasoning, allowing Olivier’s case to move forward and be considered based on its merits.
Justice Elena Kagan wrote for the court, “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.”
Olivier’s lawyers stated that he was peacefully demonstrating when he was arrested for refusing to move to a designated “protest zone.” They argued that the legal principle involved affects 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, according to the AP.
Attorney Allyson Ho of the firm Gibson Dunn added, “As people of faith, we look to the judiciary to protect our constitutional right to spread the gospel.”
The decision allows him to file a civil rights lawsuit, though it does not guarantee a victory. Local governments have expressed concern that a ruling in Olivier’s favor could have significant implications, potentially leading to many 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 challenge 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 violating the town’s ordinance that restricted where he could speak in public. Later, he sued, claiming the city had violated his First Amendment right to free speech.
Olivier did not go to court over the $350 fine he received. Instead, he filed suit to ensure that the city law would not prevent him or someone else like him from preaching outside the theater.
Kagan wrote, “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.”
Heck v. Humphrey set a precedent holding that a person cannot sue to overturn a prior conviction. Olivier’s case challenged that precedent.
Kagan said that a lawsuit asking for future assistance with an activity, such as 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.
Kagan wrote, “Olivier’s suit merely attempts to prevent a future prosecution, so the Heck bar does not come into play.”
Kagan continued, “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. 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.
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