SCOTUS rules: Pastor’s lawsuit challenging local censorship law to move forward

A pastor’s lawsuit over a local anti-protest law that censored his speech is being allowed to move forward, according to a ruling from the U.S. Supreme Court.

It is Gabriel Olivier who sued over the law in Brandon, Mississippi, seeking a determination that he could not be prosecuted again under the statute.

He previously was convicted, and while the Supreme Court has a precedent that bars a person previously convicted under a law from challenging it so that the result would affect his previous case, the Supreme Court said those were not the circumstances here.

“In other words, the relief requested is only prospective; Olivier seeks neither the reversal of, nor compensation for, his prior conviction,” the unanimous ruling said. “And Olivier has since made clear that he has no interest in using a favorable judgment in this suit to later get his record expunged or avoid his conviction’s collateral effects. The suit is just meant to ensure that Olivier may return to the amphitheater to speak without fear of further punishment.

“Given that Olivier asked for only a forward-looking remedy—an injunction stopping officials from enforcing the city ordinance in the future—his suit can proceed, notwithstanding his prior conviction.”

The local statute censors speech by barring protests near a public amphitheater, unless a protester is within a designated “zone,” explained the Washington Examiner.

The decision reversed the ruling from the 5th U.S. Circuit Court of Appeals that had rejected the lawsuit.

Olivier contends the law violates the First Amendment and 14th Amendment because it censors his preaching.

“We’re delighted that the Supreme Court unanimously affirmed Gabe’s right to his day in court,” said Olivier’s lawyer, Allyson Ho.

“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,” Ho said.