News Release
For Immediate Release: 6.15.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4454
U.S. Supreme Court Asked to Hold Government Officials Accountable for First Amendment Violations
Case out of Fifth Circuit challenges qualified immunity claims of Louisiana officials who stopped distribution of religious literature at public park.
Washington, D.C.—First Liberty Institute and Clement & Murphy PLLC filed a petition at the Supreme Court of the United States asking the Justices to reverse a decision by the U.S. Court of Appeals for the Fifth Circuit that affirmed a lower court’s grant of qualified immunity to government officials in Louisiana who prevented a man from distributing Christian vegetarian literature on a public sidewalk in a public park.
You can read the petition here.
“If people cannot realistically sue when their First Amendment rights are violated, those rights lose meaning. A right without a remedy is effectively unenforceable,” stated Executive General Counsel for First Liberty Institute, Hiram Sasser. “Some violations of the First Amendment are so obviously egregious that government officials should know better and be held accountable.”
“If we don’t stand up for our First Amendment rights, we lose them,” said Richard Hershey.
Richard Hershey was distributing religious leaflets near the Bossier City Arena in Bossier City, Louisiana. There is no formal application or written policy regarding leafletting on the public sidewalks surrounding the Arena. After he began distributing his religious leaflets, Mr. Hershey was harassed and threatened with arrest and jail. Mr. Hershey attempted to explain his constitutional rights throughout the encounter, but the officers demanded that Mr. Hershey leave the public park and never return. Fearing arrest and imprisonment, Mr. Hershey left and has not returned.
Mr. Hershey sued the five police and security officers involved, alleging violation of the First Amendment and 42 U.S.C. § 1983. After the trial court granted qualified immunity to the police officers, Mr. Hershey appealed to the Fifth Circuit, which affirmed the grant of qualified immunity.
In the petition, attorneys argue, “There is simply no excuse for the government actions alleged in petitioner’s complaint. In any other circuit—and in the Fifth Circuit if he were a prisoner asserting mistreatment—his case could proceed. This Court should intervene and reaffirm that there is no novelty exception to the promise of §1983 when it comes to clearly established constitutional rights.”
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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 Natalie Konstans at media@firstliberty.org or by calling 972-941-4454.
