WASHINGTON – The Supreme Court on Friday revived a lawsuit from an evangelical Christian barred from demonstrating in Mississippi after authorities said he shouted insults at people over a loudspeaker.
The court unanimously ruled in the case of Gabriel Olivier, who said his religious and free speech rights were violated when he was arrested for refusing to move his preaching away from a suburban amphitheater. The city said he shouted insults such as “whores,” “Jezebel” and “nasty” at people and sometimes held signs showing aborted fetuses.
Olivier sought to challenge the law as an unconstitutional restriction on free speech, but lower courts barred him from suing because he had been convicted of violating it. A Supreme Court case from the 1990s found people cannot use civil lawsuits to undermine criminal convictions.
The justices found the precedent does not stop Olivier from suing because he is seeking only to block future enforcement.
“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,” Justice Elena Kagan wrote for the court.
Olivier’s lawyers said he was demonstrating peacefully when he was arrested for refusing to move to a designated “protest zone.” They argued the legal principle 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.
“As people of faith, we look to the judiciary to protect our constitutional right to spread the gospel,” said attorney Allyson Ho of the firm Gibson Dunn.
The decision clears a path for Olivier to file a civil rights lawsuit, though it does not guarantee an eventual win. Local governments have said a ruling for Olivier could have wide repercussions by allowing a rush of new lawsuits against cities and towns.
The city of Brandon has said the restrictions were not about religion and that Olivier had other legal avenues to challenge the law. The ordinance restricting Olivier to a designated “protest zone” has already survived another lawsuit, city attorneys said.
