Supreme Court to Review Evangelist’s Challenge to Mississippi Protest Ordinance

On Thursday, the Supreme Court announced it would evaluate the challenge posed by an evangelist against a protest ordinance in Mississippi.

Gabriel Olivier, identifying himself as a Christian, has initiated legal action against regulations that prevented him from protesting outside an amphitheater in Brandon, Michigan.

The city counters Olivier’s claims by stating that the ordinance was enacted after he and affiliated groups, referred to using various derogatory terms, occupied one of the busiest intersections near the venue.

This ordinance mandates that protests and demonstrations are relocated to designated areas three hours prior and restricts the use of speakers that can be heard from over 100 feet past the protest zone after events and for an hour thereafter, according to city officials.

Olivier claims in his legal petition that the ordinance effectively hinders his ability to express his faith outside the amphitheater. He filed the lawsuit following his departure from the protest area, where he was charged for violating the ordinance; he subsequently paid a $304 fine.

A federal judge dismissed his case, and the Fifth Circuit Court of Appeals upheld earlier Supreme Court rulings indicating that individuals convicted of a crime cannot pursue civil suits against law enforcement. The full court declined to rehear the case, with the decision reaching a narrow margin amid several dissenting opinions.

In a dissent, Judge James Ho remarked, “This sends a confusing message to citizens who care about upholding their constitutional rights. We say that one cannot sue if they haven’t been harmed, yet simultaneously, we assert that a harmed individual cannot sue.”

Olivier is now seeking clarification from the Court regarding whether the 1994 Heck v. Humphrey ruling pertains to his situation. A decision is anticipated by next summer.

“All Americans possess First Amendment rights to free speech and the right to seek justice,” stated Kelly Shackelford, president and counsel for the Fast Liberty Institute, which represents Olivier. “Both of these rights have been infringed upon in Gabe Olivier’s case. The Supreme Court will determine if these rights are safeguarded for every American.”