The Supreme Court will hear a dispute next term over a street preacher’s right to spread the gospel on a public sidewalk, a challenge to a city ordinance in Mississippi that restricts where and how loud he can speak.
Gabriel Olivier practices his Christian faith by spreading the Gospel to strangers and trying to engage them in conversations.
A 2019 city ordinance in Brandon, Mississippi, requires him to be at the public amphitheater to do so.
Two years after the city law was enacted, Mr. Olivier was trying to speak with people on the public sidewalk after seeing the amphitheater was too far away.
He was told to do so only near the restricted area. After he refused, he was arrested and fined for preaching on the sidewalk rather than at the amphitheater.
He paid the $305 fine and pleaded no contest. He later sued the city to vindicate his right to speak in public.
Specifically, Mr. Olivier has challenged his ability to bring a civil rights claim to challenge the city law, which the 5th U.S. Circuit Court of Appeals had rejected. The appellate court reasoned he had paid a fine for his arrest, which blocks his ability to seek further relief in court.
Mr. Olivier is represented by lawyers from Gibson Dunn and the First Liberty Institute.
Kelly Shackelford, president of First Liberty Institute, said that everyone has a right to free speech and a day in court.
“Both of these rights were violated for Gabe Olivier. The Supreme Court will now decide whether those rights will be protected for all Americans,” Mr. Shackelford said.
A spokesperson for the city of Brandon did not immediately respond to a request for comment.
In its legal filing, the city’s lawyer said the law restricts the location and how loud the protests can be at the amphitheater for safety concerns. It does not discriminate on the basis of speech and applies to everyone.
“Petitioner traveled to the Amphitheater with a group to ‘evangelize.’ The group’s evangelism included calling individuals ‘whores,’ ‘Jezebels,’ ‘grody,’ ‘nasty,’ ‘sissies,’ and other derogatory names over a loudspeaker,” the filing reads.
The case is Gabriel Olivier v. City of Brandon, Mississippi.
It took at least four justices to vote in favor of hearing the dispute for oral arguments to be granted.
The case will be heard during the high court’s next term, which begins in October.
