WashingtonThe Supreme Court announced on Thursday that it would review a case brought by a man who was prohibited from preaching outside a small-town amphitheater in Mississippi after he allegedly used a loudspeaker to yell obscenities at bystanders.
Evangelical Christian Gabriel Olivier claims that being prohibited from using public property infringed upon his freedom of expression and religion, yet he is unable to challenge the rule in court due to a Catch-22 situation.
Because he had been detained, the courts determined that he could not file a civil rights complaint; instead, he had to petition under habeas corpus, a remedy available to prisoners. However, his attorneys claim that option was also closed because he was ticketed rather than imprisoned, so denying him a court appearance.
However, the city of Brandon, Mississippi, claims that the limits aren’t about religious expression but rather about reducing the disruptions that occurred when he and his gang called people by the names “Jezebel,” “nasty,” and “drunkenards.”
The city said that the rule, which prohibits protests close to the amphitheater but permits him to preach from a designated protest area, has already withstood another litigation. According to the city, the lawsuit concerns Olivier and his group’s insistence on using their preferred form of protest, regardless of the rights or interests of others.
The case is around a significant legal problem impacting free speech across the political spectrum, and Olivier’s lawyers claim he was speaking in a courteous and protected manner at the time of his detention.
Kelly Shackelford, president and CEO of First Liberty Institute, which is representing him together with lawyer Allyson Ho of the firm Gibson Dunn, stated that every American has the First Amendment’s right to free speech and the right to a day in court. For Gabe Olivier, both of these rights were infringed. Whether or whether such rights will be upheld for all Americans will now be determined by the Supreme Court.
Arguments are anticipated to be heard by the court in the fall.
