Supreme Court sides with street preacher free speech lawsuit

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Supreme Court sides with street preacher free speech lawsuit

Supreme Court sides with street preacher free speech lawsuit

The U.S. Supreme Court unanimously voted in favor of allowing a street preacher to challenge a law in Brandon, Miss., he said violates his free speech rights. File Photo by Bonnie Cash/UPI | License Photo

The U.S. Supreme Court on Friday ruled in favor of allowing a so-called street preacher in Mississippi to challenge a law prohibiting where he can protest.

The high court said Gabriel Olivier can file a civil suit in response to a law in Brandon, Miss., that prevents public protests outside of designated areas. He said the law violates the 1st Amendment’s free speech protection.

Police in Brandon, Miss., arrested Olivier in 2021 as he and a group of protesters shouted slurs and insults at concertgoers as they entered an amphitheater. Some members of the group also held up graphic signs showing aborted fetuses.

He was convicted of violating the city’s laws banning protesters from coming within about 265 feet away of the amphitheater and from using loudspeakers that can be heard from more than 100 feet away, CNN reported.

Olivier pleaded no contest to the charges and was ordered to pay a fine and serve a year of unsupervised probation. Following his sentence, he sued the city, saying its law violated his free speech rights.

A 1994 Supreme Court ruling — Heck v. Humphrey — though says that a defendant convicted of a crime can’t then sue over the legality of their conviction. Otherwise, he and other defendants could be cleared of their convictions outside of the normal criminal appeals process, The Washington Post reported.

Olivier’s lawyers said his case should be allowed to proceed because success wouldn’t affect the result of his conviction, for which he wasn’t imprisoned. The Supreme Court agreed with a unanimous vote.

The ruling did not pass judgment on the constitutionality of the city of Brandon’s laws, only that Olivier is allowed to challenge them.

This week in Washington

Supreme Court sides with street preacher free speech lawsuit

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