News Release
For Immediate Release: 4.21.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Diverse Groups Urge Supreme Court to Clarify Precedent that Sharply Divides Circuit Courts Regarding Constitutional Rights
The case before the court asks justices to correct a wrongful application of an old precedent that denies citizens their day in court.
Washington, DC—Several organizations, including the Manhattan Institute, Foundation for Individual Rights and Expression, the Human Rights Defense Center, law school clinics from Northwestern, Harvard, and others filed 11 “friend-of-the court” briefs urging the Supreme Court of the United States to correct a misused precedent that prevents citizens from challenging the constitutionality of local ordinances after a previous conviction.
“We are grateful for the support from these reputable organizations who reject the injustice that has denied our client to right to present his constitutional rights in court,” said Nate Kellum, Senior Counsel for First Liberty Institute. “Our client is hopeful that the Supreme Court will intervene and clarify the application of a widely misused precedent.”
“No one in America should be denied the opportunity to argue for their constitutional rights,” said Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty. “We are grateful for the outpouring of support for our client and are hopeful the Supreme Court will protect the right of every American to challenge injustices when they occur.”
“We’re profoundly grateful for the support our client has received across a wide spectrum of organizations,” said Allyson Ho, a partner at Gibson Dunn. “They no doubt disagree on many things, but are united on the need for Supreme Court review in this important case.”
The case is Olivier v. City of Brandon, Mississippi. Additional amici include Life Legal Defense Foundation, Liberty Justice Center, the American Center for Law & Justice, Foundation for Moral Law, Young America’s Foundation, the Southeastern Legal Foundation, and four street evangelists represented by the Harvard Religious Freedom Clinic. The amicus briefs are available here.
Gabriel Olivier is represented by First Liberty Institute and Gibson, Dunn & Crutcher LLP. His petition asking the Supreme Court to review his case is available here.
Gabriel Olivier, whose faith compels him to share his beliefs with others, was arrested and fined when he attempted to share his faith in a public park near the city’s well-attended amphitheater outside of the city’s designated “protest zone.” He paid the fine but is still committed to fulfilling his religious obligations in the future. The U.S. Court of Appeals for the Fifth Circuit denied his opportunity to challenge the constitutionality of the local ordinance.
Olivier v. City of Brandon presents the Justices the opportunity to clarify a misreading of the U.S. Supreme Court decision Heck v. Humphrey. In that case, the court held a plaintiff prisoner serving a sentence under a state conviction could not bring a lawsuit under Section 1983 of the Civil Rights Act challenging the conviction or the sentence. The Supreme Court reasoned that prisoners are afforded a different option, known as habeas corpus, to pursue their rights in this regard. But Olivier is not a prisoner, and this precedent prevents Americans like him from vindicating their constitutional rights in court.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
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