Gabriel Olivier is a Christian who feels a duty to share his beliefs with those he meets. Standing outside of well-attended events, Olivier conveys the gospel of Jesus Christ, hoping to have peaceful conversations and reach as many people as possible.
Unfortunately, Olivier’s evangelism was silenced when the City of Brandon, Mississippi, issued an unconstitutional ordinance that prohibited him from communicating his religious beliefs to others in a city park. The City prohibits Olivier by law from engaging in religious speech – whether through oral dialogue, signs, literature, expressive clothing, or one-on-one conversations, it makes no difference – on city-owned sidewalks and grassy areas in the park. Instead, he is forced to go and evangelize in a remote “protest” area where his message can be neither be heard nor seen. Dissatisfied with the “protest” area, Olivier tried to speak in the park where he could reach people. Soon after, City police arrested him for violating the ordinance. He paid the fine and was released.
But wanting to go back and share his message, Olivier subsequently brought a challenge to the law in federal court. The district court dismissed his constitutional claim, without even considering the merits of it, relying on Fifth Circuit precedent and a Supreme Court case, Heck v. Humphrey, that held a prisoner could not bring a constitutional claim challenging sentencing and must instead rely on habeas corpus, a recourse only available for prisoners.
The application of the Heck doctrine to Olivier is misplaced. He was never a prisoner so he never had the ability to pursue habeas corpus. The court has effectively denied Olivier of his day in court. As a result, First Liberty and the law firm Gibson Dunn have filed a petition to the Supreme Court of the United States, asking the Justices to grant Olivier his right to challenge this unconstitutional ordinace.
The Supreme Court announced that it will hear oral argument in the case in the Fall of 2025.
“Every American has First Amendment rights to free speech; and every American has a right to their day in court,” Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute. “Both of these rights were violated for Gabe Olivier. The Supreme Court will now decide whether those rights will be protected for all Americans.”
Allyson Ho, a partner at Gibson Dunn said, “We’re pleased the Court agreed to take up this important case, and we look forward to presenting our arguments that Mr. Olivier is entitled to his day in court.”
News Release
For Immediate Release: 7.3.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
U.S. Supreme Court to Hear Case Regarding Mississippi Man Blocked from Suing City Over Civil Rights Violation
The Court will review precedent that has sharply divided courts for many years.
Washington, D.C.—The Supreme Court of the United States announced today that it will hear oral argument in the case of Gabriel Olivier who was barred by a lower court from challenging a Brandon, MS ordinance that prohibits religious speech on a public sidewalk near the city’s amphitheater. Olivier is represented by First Liberty Institute and the law firm Gibson Dunn.
“Every American has First Amendment rights to free speech; and every American has a right to their day in court,” Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute. “Both of these rights were violated for Gabe Olivier. The Supreme Court will now decide whether those rights will be protected for all Americans.”
Allyson Ho, a partner at Gibson Dunn said, “We’re pleased the Court agreed to take up this important case, and we look forward to presenting our arguments that Mr. Olivier is entitled to his day in court.”
Gabriel Olivier is an evangelical Christian who desires to share his faith with others. Standing outside of well-attended events, Olivier shares the gospel of Jesus Christ, hoping to have peaceful conversations and reach as many people as possible. He was silenced when the City of Brandon, Mississippi, adopted an unconstitutional ordinance that prohibits him from communicating his religious beliefs to others in a city park. Dissatisfied with the designated “protest” area that was so far removed from the crowds no one could receive his message, he moved closer to the people to share his message and City police arrested him for violating the ordinance. After paying a fine, he sued the city in federal court and challenged the constitutionality of the ordinance.
The district court dismissed his lawsuit without considering the merits, relying on a U.S. Supreme Court decision in Heck v. Humphrey that specifically applies to prisoners but prevents him from pursuing any future claims that his civil rights were violated. The Court of Appeals for the Fifth Circuit, too, ruled against Olivier. The Supreme Court now will intervene and resolve an issue that has sharply divided circuit courts—whether a person previously convicted under a law can bring a § 1983 suit to declare that law unconstitutional and prevent its future enforcement without running afoul of the Court’s previous decision in Heck.
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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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