The Supreme Court has heard the case of a Mississippi evangelist arrested for sharing his Christian faith in a public park. 

Gabriel Olivier, a pastor and street evangelist in Brandon, Mississippi, had his case heard on Dec. 3, with lawyers from First Liberty Institute and Gibson Dunn & Crutcher LLP defending him before the high court. 

Olivier had been preaching outside Brandon Amphitheater, a public area where he could share the Gospel to crowds of concert attenders. But in 2019, a year after he began preaching at the location, the city passed an ordinance which established that anyone “engaging in public protests and/or demonstrations, regardless of the content and/or expression thereof,” may only use a designated protest area three hours before a ticketed event’s opening and an hour after an event ends. The ordinance was reportedly in response to Olivier and other evangelists preaching outside the amphitheater. 

Olivier paused preaching in the area after COVID shut down the amphitheater’s concerts, but in May 2021, he returned to share the Gospel. At first, he evangelized in the designated zone but then eventually moved outside the area to preach because the zone isolated him from speaking to crowds. After he was arrested and fined, Olivier filed suit against the city, arguing that the ordinance violated his First and 14th Amendment rights. 

His case was dismissed by a district court, which cited Heck v. Humphrey, a 1994 Supreme Court decision. Heck ruled that convicted criminals are prohibited from challenging any law that led to their conviction if a ruling in their favor “would necessarily imply the invalidity of [their] conviction or sentence.”

The case reached the U.S. Court of Appeals for the 5th Circuit, which ruled that Olivier could not bring his Section 1983 claim unless his conviction becomes “reversed,” “expunged” or is “declared invalid.”

Olivier asked the Supreme Court to hear his case, and his request was granted in July. He is arguing that Heck does not prevent a person from seeking future protection against future enforcements, unlike contending a past punishment. Olivier also argues that Heck does not apply to those who never had a chance to use habeas corpus (a legal challenge to a person’s confinement) because that person was in jail for a short period or never in jail.

Kelly Shackelford, president, CEO and chief counsel at First Liberty Institute, called the city ordinance “completely unacceptable” for its violation of Olivier’s rights.

“[I]t is unconscionable that he was prevented from even having his day in court by a misapplied precedent,” Shackelford stated in a press release. “Court decisions that prevent Americans from bringing lawsuits against laws that violate their rights endanger all of our civil rights.”

Olivier, who became a Christian through a street evangelist’s preaching, says he hopes his challenge to the ordinance will lead to the protection of others seeking to share the Gospel publicly. 

“I am grateful to have had my case heard by the U.S. Supreme Court—an opportunity few others in my situation have ever had,” said Olivier. “I pray this case results in a decision that allows others to be able to fight for their First Amendment rights in court.”

A decision is expected to be announced next year. 

Decision Magazine, founded by Billy Graham in 1960, works through its website and monthly magazine to communicate the Gospel, as well as inform and challenge readers about key cultural and Biblical issues. Decision is also a Contributing Publisher to Harbinger’s Daily.