The Supreme Court delivered a resounding victory for religious liberty on Friday, unanimously ruling in the case of Gabriel Olivier v. City of Brandon that a Mississippi street preacher can proceed with his lawsuit against a city ordinance that violated his First Amendment rights. Gabriel Olivier, an evangelical Christian who was arrested and fined for preaching near a suburban amphitheater, will finally get his day in court to challenge the law that silenced him. According to the Supreme Court’s opinion, this decision upholds the principle that citizens can seek to block future enforcement of unconstitutional laws.
This is not merely a win for one man—it is a win for every American who believes the Constitution still means something. The city of Brandon, Mississippi claimed Olivier had crossed a line by shouting words like “whores” and “Jezebel” over a loudspeaker, sometimes while holding signs showing aborted fetuses. They arrested him, fined him, and slapped him with a year of probation; but, as detailed in the court’s ruling, in America, we do not criminalize speech simply because it makes people uncomfortable.
Lower courts had blocked Olivier from suing, citing a 1994 Supreme Court precedent that prevents people from using civil lawsuits to undermine criminal convictions. It was a technicality designed to stop convicts from gaming the system—but the justices recognized this case was different. Writing for the unanimous court, Justice Elena Kagan made it clear: Olivier is only seeking to block future enforcement of the ordinance, not overturn his past conviction.
“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,” Kagan wrote, as reported by First Liberty Institute. Even the liberal wing of the court could not deny the plain truth: a citizen who is arrested under an unconstitutional law should be able to challenge that law. Kelly Shackelford, president of First Liberty Institute which represented Olivier, put it best: “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.” Allyson Ho, co-chair of First Liberty’s appellate practice, added that “as people of faith, we look to the judiciary to protect our constitutional right to spread the gospel.”
Olivier himself said his goal from the beginning was simple: to be granted his rights as an American citizen under our great Constitution. Now, he has cleared the first hurdle. The case will return to lower courts where the ordinance itself can finally be challenged on its merits, as noted in statements from First Liberty Institute.
No American should be criminally charged for sharing their faith in public. That principle transcends politics. It transcends religious denomination. It is the bedrock of who we are as a nation. When government can decide which speech is acceptable and which must be silenced, we are no longer living in the land of the free.
The Supreme Court got this one right—unanimously. In an era of deep division, that should tell you something. Religious liberty is not a partisan issue. It is an American issue. And today, Americans who value their constitutional rights can breathe a little easier.
Providence watches over the bold.
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