News Release
For Immediate Release: 3.20.26
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Supreme Court Agrees That Mississippi Man Should Have His Day in Court to Claim His First Amendment Rights
Gabriel Olivier will return to the lower court to challenge a local ordinance that barred him from sharing his faith near a public venue.
Washington, DC—Today, in a unanimous decision, the Supreme Court of the United States granted a victory to Gabriel Olivier allowing him to go back to trial in the district court to make his case that an ordinance in Brandon, MS unconstitutionally prevents him from sharing his Christian faith near a public amphitheater.
“This is not only a win for the right to share your faith in public, but also a win for every American’s right to have their day in court when their First Amendment rights are violated,” said Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute.
“We’re delighted that the Supreme Court unanimously affirmed Gabe’s right to his day in court. It’s just common sense that a citizen who is arrested under an unconstitutional law should be able to challenge that law. As people of faith, we look to the judiciary to protect our constitutional right to spread the gospel,” said Allyson N. Ho, Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group and partner in the Dallas office of Gibson Dunn.
“No American should be criminally charged for sharing their faith in public,” said Nate Kellum, Senior Counsel at First Liberty. “This is a wonderful day for Gabe and for the First Amendment.”
“My goal from the beginning was to be granted my rights as an American citizen under our great Constitution,” said Gabriel Olivier. “Now all people with deeply held Christian religious beliefs who are called to share the good news can do so in the public arena.”
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 ordinance that prohibited 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 hear 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. Humphery, a case that specifically applies to prisoner claims to keep him from pursuing any claims challenging the ordinance in the future. The U.S. Court of Appeals for the Fifth Circuit affirmed this decision and refused to grant review en banc. The 9-0 decision from the Supreme Court rectifies the misapplied application of that precedent.
In today’s opinion, written by Justice Kagan, the Court observed, “Olivier is not challenging the ‘validity of [his] conviction or sentence,’ for the purpose either of securing (or speeding) release or of obtaining monetary damages…. Instead, Olivier is seeking … ‘wholly prospective’ relief—’only to be free from prosecutions for future violations’ of the city ordinance. With this understanding, the Court held Olivier is free “to sue under §1983 to enjoin future prosecutions under the city ordinance, despite his prior conviction.” To hold otherwise would place Olivier in a “dilemma,” he would have to either “flout the law and risk another prosecution, or else forego speech he believes is constitutionally protected.”
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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.
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