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.
… 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. Read more»
Liam Harrell | March 24, 2026 |
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