Speaker Johnson Had a Legislative Hat Trick Today While Thune Wants to Sell...
Police Chief Secretly Installs AI Surveillance Cameras, Then Justifies It After Getting Bu...
Who Are the Bullies Again?
Abdul El-Sayed Is Losing Black Voters, So the Damage Control Has Begun
WisDems Are Begging for an Early Voting Ballot Do-Over
Press Struggles With Immigrant Voting It Denies Happening; 'The View' Has Its Dress...
70th Defendant Pleads Guilty in $250 Million Feeding Our Future Fraud
Maryland Audit: $2 Million Lottery Winner Kept Collecting Food Stamps
Day 12: U.S. Pounds Iran to Protect Ships in Strait of Hormuz
Rashida Tlaib Goes to Bat for Mamdani, Says She'll Help Arrest Netanyahu
New Jersey Man Sentenced to 48 Months in $4 Million Medicaid Fraud Scheme
Congressional Stock Trading Is About to Get Much Harder
Protecting, Saving and Spending: The Latest on Congressional Noise
Secret Service Seizes $25 Million in Crypto Tied to International Fraud Networks
NJ Software Vendor Says State Is to Blame for Erroneous Registration of 6,600...
Tipsheet

This City Arrested a Pro-Life Street Preacher Over His Speech - the Supreme Court Just Weighed In

This City Arrested a Pro-Life Street Preacher Over His Speech - the Supreme Court Just Weighed In
AP Photo/Mark Schiefelbein, File

The Supreme Court has ruled in favor of a Mississippi street preacher who was arrested for preaching outside an amphitheater in the City of Brandon.

Gabriel Olivier’s story begins like many other free speech battles. He stood outside an amphitheater with a loudspeaker and signs showing images of aborted babies. City officials accused him of insulting passersby, calling them “whores,” “Jezebels” and “nasty.”

Advertisement

The authorities responded by forcing him to confine his activities to a “protest zone” under a new city ordinance which restricted demonstrations near the amphitheater and also limited the volume of those participating in protests. In essence, they pushed Olivier out of sight of his intended audience, according to The Washington Post.

The police arrested Olivier in 2021 after he resisted police orders to move into the designated protest area. Instead, he remained in his spot and continued preaching with his loudspeaker near the building’s entrance. While prosecutors accused him of hurling insults at attendees, his lawyers said he was engaged in peaceful evangelism on public property.

Olivier eventually pleaded no contest to the charges and received a suspended sentence, a year of probation, and a $304 fine. The preacher responded with a federal lawsuit to have the ordinance declared unconstitutional and to prevent the local government from enforcing it against him in the future.

Advertisement

A long battle through the court system ensued. A federal district judge dismissed Olivier’s case, arguing that ruling in his favor would undercut his conviction. The Fifth Circuit Court of Appeals agreed, saying he could not use a civil lawsuit to accomplish what he failed to do in criminal court. 

However, several judges dissented, insisting that the court should not bar purely First Amendment challenges. Olivier and his attorneys appealed to the Supreme Court, arguing that he was not seeking to wipe out his conviction but to strike down the law that prevents him from continuing to exercise his right to free speech.

The Supreme Court on March 20 sided with the preacher and revived his lawsuit. This means he can continue with his efforts to strike down the law even though his conviction will remain on his record.

This was the right move on the Supreme Court — especially from a First Amendment perspective. It’s one thing to regulate the volume of noise someone is making. It’s quite another to force them to go to an area where their speech can’t be heard. It’s even worse to put someone in handcuffs over the issue.

Advertisement

Even if the prosecution’s allegations about him calling people names is accurate — which hasn’t been proven — then it is still protected speech as long as he’s not actively harassing people after the walk away from him. If people don’t like what he is saying, nobody is forcing them to listen.

Editor’s Note: Do you enjoy Townhall’s conservative reporting that takes on the radical Left and woke media? Support our work so that we can continue to bring you the truth.

Join Townhall VIP and use promo code FIGHT to receive 60% off your membership.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement