Supreme Court Allows Mississippi Preacher’s Challenge on First Amendment Grounds

The Supreme Court has, on Friday, agreed to let a Mississippi street preacher’s First Amendment case move forward.

Gabriel Olivier was convicted for preaching outside a “designated protest area” in a public amphitheater and subsequently, he filed a lawsuit in 2021 to block the enforcement of city regulations against him.

A lower court had determined that Olivier couldn’t contest the city’s ordinance due to a past Supreme Court ruling from 1994, which stated that appeals can’t be made if the judgment implies the invalidity of the conviction. That’s from a case called Heck v. Humphrey.

However, Justice Elena Kagan noted in the unanimous opinion that because Olivier was only seeking an injunction to prevent city officials from enforcing those ordinances in the future, his case could proceed despite his criminal record.

Kagan stated, “Olivier is not asking for an expungement or compensation for his criminal record.” He made it clear that he simply wants to return to the amphitheater and preach without the fear of further punishment.

In 2019, the city enacted an ordinance establishing a designated protest area during events at the amphitheater. Olivier argued that if he had to stay within the confines of this area, it would be nearly impossible for anyone to hear his message, which he stated in his lawsuit.

After his arrest for breaking the ordinance, he received a $304 fine and a year-long suspension, although he opted for a no-contest plea.

First Liberty CEO Kelly Shackelford expressed concern, saying it was “completely unacceptable” for city regulations to undermine Olivier’s religious freedoms. He further emphasized the troubling nature of the prior court’s decision, which barred Olivier from contesting the rules, stating that such judicial precedents threaten all civil rights in the country.