Unanimous! Supreme Court to Cities Everywhere: Evangelism Can’t Be Sidelined

At the ACLJ, we fight every day to defend religious liberty and the First Amendment rights of Americans who boldly share the Gospel in public. Today, we are celebrating a tremendous victory at the U.S. Supreme Court in Olivier v. City of Brandon– a case where the ACLJ stood with preacher Gabriel Olivier through an amicus brief, urging the Court to restore the rule of law and protect preachers from unconstitutional government restrictions.

Last year, we informed you about Gabriel Olivier, a street preacher who was told that if he wanted to preach the Gospel in the city of Brandon, Mississippi, he needed to keep within the confines of a “protest zone” near its public amphitheater, unconstitutionally limiting where preachers like Mr. Olivier could share their faith. When Mr. Olivier preached on the sidewalks – just as he had done before – he was arrested, charged, and fined. Undeterred, he sued to stop future enforcement of the ordinance so he could return and continue his ministry.

The Fifth Circuit, in a sharply divided 9-8 en banc ruling, slammed the door shut. It twisted its jurisprudence to say that because Mr. Olivier had already been convicted by paying the fine, he could never challenge the unconstitutional law. He had lost his chance, they reasoned, by failing to contest his fine. One dissenting judge rightly called it out: Citizens were being told, “Heads I win, tails you lose.” That dangerous precedent threatened not only preachers but also every American relying on the Bill of Rights to vindicate their God-given freedoms.

The ACLJ stepped in with a powerful amicus brief, urging the Supreme Court to grant review and reverse the decision. We argued that federal courts have a long history of vindicating rights, especially by plaintiffs with previous convictions. For instance, in Wooley v. Maynard, where a man successfully challenged a law under which he had already been convicted multiple times, the Supreme Court didn’t allow those previous convictions to block the proper adjudication of the First Amendment. We warned that the Fifth Circuit’s ruling would hamstring civil rights lawsuits and leave preachers – and countless others – without recourse against government overreach.

That’s crucial for the ACLJ, our members, and especially our clients. The ACLJ is the premier national vanguard of public evangelists, often stepping into the breach when out-of-control local governments try to silence anyone, from pro-life activists to Christian ministries. Whenever and wherever our attorneys are needed to defend their First Amendment rights, our ACLJ Champions support them in court. And we’re happy to report that this case was a victory.

Today the Supreme Court delivered justice. In a unanimous opinion authored by Justice Kagan, the Court reversed the Fifth Circuit and held:

Olivier’s suit seeking purely prospective relief—an injunction stopping officials from enforcing the ordinance in the future—can proceed, notwithstanding his prior conviction for violating that ordinance.

The Court made clear what we have long defended: Preachers like Mr. Olivier have every right to challenge unconstitutional speech restrictions.

As the opinion recognized:

Petitioner Gabriel Olivier is a street preacher in Mississippi who believes that sharing his religious views with fellow citizens is an important part of exercising his faith. His vocation sometimes took him to the sidewalks near an amphitheater in the City of Brandon, where he could find sizable audiences attending events.

The First Amendment protects that vital public preaching, and today’s ruling ensures Olivier – and other faithful believers – can return to the public square without fear of endless prosecution under an unconstitutional ordinance. The case is now remanded so Olivier can finally have his day in court.

This is more than a win for one preacher. It is a victory for the rule of law, for civil rights litigators, and for every ACLJ client and supporter who refuses to let hostile governments silence the Gospel. The “heads I win, tails you lose” precedent is dead. Preachers across America can once again trust that the courts will hear their constitutional claims.

At the ACLJ, we thank God for this unanimous decision and for the opportunity to stand with Gabriel Olivier at the Supreme Court. We will keep fighting – inside the courtroom and beyond – to defend religious liberty, free speech, and the rights of every American to share their faith without government interference.

Take action with the ACLJ. Add your name to the petition: Defeat the Left’s War Against Pastors.