Supreme Court revives suit by Mississippi preacher challenging protest restriction

The Supreme Court on Friday unanimously revived a lawsuit by Gabriel Olivier, an evangelical Christian who was barred from demonstrating in Brandon, Mississippi, after authorities said he shouted insults at people near a suburban amphitheater.

Justice Elena Kagan wrote for the court that Olivier may pursue only a forward-looking remedy. “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,” she wrote.

Lower courts had blocked Olivier from suing after he was convicted of violating the ordinance, citing a 1990s Supreme Court precedent that prevents civil suits that would undermine criminal convictions. The high court said that precedent does not bar a suit seeking only to prevent future enforcement of a law.

Olivier’s lawyers said he was demonstrating peacefully when he refused to move to a designated “protest zone” and that the ruling affects free-speech cases across the political spectrum. Kelly Shackelford, president and CEO of the conservative nonprofit First Liberty Institute, called the decision “a win for the right to share your faith in public” and “a win for every American’s right to have their day in court when their First Amendment rights are violated.”

The city of Brandon told courts Olivier had shouted insults such as “whores,” “Jezebel,” and “nasty” at people and sometimes displayed signs showing aborted fetuses, according to city attorneys. The city has said the restrictions were not aimed at religion, that Olivier had other legal avenues to challenge the law, and that the ordinance had already survived a prior lawsuit.

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