A Christian evangelist’s battle with a Mississippi city over street preaching took center stage at the Supreme Court on Wednesday as the justices heard arguments that could have far-reaching consequences for Americans who want to defend their constitutional rights in federal court.
The case revolves around whether 33-year-old Gabriel Olivier can challenge an ordinance from Brandon, Mississippi, that restricted street preaching in a public park outside of a local amphitheater. Olivier, who was convicted in 2021 of street preaching outside of the designated area, is now attempting to overturn the ordinance on First Amendment grounds.
“This is a really important case, for Christians specifically, because I noticed that all around the country, there’s always an exercise of free speech [that] does not seem to be cracked down on the way that Christians’ free speech is nowadays,” Olivier told The Daily Wire in an interview.
The city of Brandon argues that Olivier cannot challenge the ordinance in federal court because he has previously been convicted of violating it. Olivier says that he doesn’t want to revisit the 2021 conviction, for which he paid a fine, but wants to protect his right to share his faith in the future.
During oral arguments on Wednesday, the justices seemed sympathetic to Olivier’s arguments that he should be able to seek relief in federal court despite his previous conviction. Nate Kellum, a lawyer with First Liberty Institute representing Olivier, told The Daily Wire that he was encouraged by the questions he heard from the justices.
Kellum said that all he wants is for Olivier to have his day in court to argue against the ordinance and make an appeal for his First Amendment rights.
“Everybody, regardless of their ideology and their belief, deserves their day in court,” Olivier said. “We’re just asking that people would continue to pray for us.”
The Trump administration is supporting Olivier’s petition, as are a number of other conservative organizations.
The ordinance implemented by Brandon, a suburb east of Jackson, restricts protest activity in the park surrounding the city’s amphitheater to a designated area when events are being held.
“What the ordinance does is it puts him in a place where no one can hear him,” Kellum told The Daily Wire. “You can’t have a conversation. You can’t hand out literature. If he preaches, he cannot be heard, and if he held up a sign, no one could read it. And so that seemed to be the whole idea, is that the city wanted to pass a law that separated him from his would-be audience.”
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The city and some legacy outlets have attempted to suggest that Olivier shouted rude or inappropriate things during his previous outings at the park.
“It’s patently false. And it seems to be an attempt to try to malign Gabe, malign his character,” Kellum said. “But if Gabe or really anyone else would say anything that would amount to fighting words or could be something that could lead to an altercation, there’s disorderly conduct ordinances.”
Olivier first went to the park in 2019, where he had productive conversations about his faith with others. But when he returned in 2021, the city had passed an ordinance against such evangelism. His passion for street evangelism comes from his own conversion ten years ago when he encountered a street preacher.
“I see it very clearly as a command in scripture,” he said. “And so I choose to do that and exercise the rights that we have enjoyed here in America. And we would like for an opportunity to continue to fight for those rights to be upheld.”
Todd Butler, the attorney representing Brandon, said in a statement to The Daily Wire: “The City of Brandon was excited to present its position to the Court. The case before the Supreme Court is not about the constitutionality of the ordinance or religious expression. It is about whether a person who has been found guilty in criminal court may undermine his conviction through a civil tort lawsuit. The importance of this case cannot be overstated as it will impact cities across the country.”
