WASHINGTON (AP) — The Supreme Court on Friday revived a lawsuit from an evangelical Christian barred from demonstrating in Mississippi after authorities say he shouted insults at people over a loudspeaker. The high court unanimously ruled in the case of Gabriel Olivier, who claims 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 had shouted insults like “whores,” “Jezebel,” and “nasty” at people, often holding signs showing aborted fetuses.
Olivier aimed to challenge the law as an unconstitutional restriction on free speech, but lower courts had blocked his attempts to sue due to his prior conviction for breaking it. However, the justices found that does not preclude Olivier from continuing his suit, as he is only seeking to prevent future enforcement of the ordinance.
Justice Elena Kagan remarked, “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 legal team contended that he was demonstrating peacefully and that the legal principle at stake affects free-speech cases across the political spectrum. They emphasized the importance of being able to challenge governmental regulations that impinge upon First Amendment rights.
“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,” stated Kelly Shackelford, president and CEO of the conservative nonprofit First Liberty Institute.
The court's decision enables Olivier to file a civil-rights lawsuit, though it does not ensure that he will ultimately prevail. Local governments have expressed concern that a decision favoring Olivier could lead to an influx of lawsuits against cities and towns.
The city of Brandon contended that the restrictions were not based on religion and that Olivier had other legal avenues to challenge the law. They noted that the ordinance limiting his protests had previously survived a different lawsuit.
Olivier aimed to challenge the law as an unconstitutional restriction on free speech, but lower courts had blocked his attempts to sue due to his prior conviction for breaking it. However, the justices found that does not preclude Olivier from continuing his suit, as he is only seeking to prevent future enforcement of the ordinance.
Justice Elena Kagan remarked, “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 legal team contended that he was demonstrating peacefully and that the legal principle at stake affects free-speech cases across the political spectrum. They emphasized the importance of being able to challenge governmental regulations that impinge upon First Amendment rights.
“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,” stated Kelly Shackelford, president and CEO of the conservative nonprofit First Liberty Institute.
The court's decision enables Olivier to file a civil-rights lawsuit, though it does not ensure that he will ultimately prevail. Local governments have expressed concern that a decision favoring Olivier could lead to an influx of lawsuits against cities and towns.
The city of Brandon contended that the restrictions were not based on religion and that Olivier had other legal avenues to challenge the law. They noted that the ordinance limiting his protests had previously survived a different lawsuit.
