9-0: Supreme Court Sides With Street Preacher’s Right to Sue Over City’s Speech Restriction

Do Trump’s Iran Strikes Poll Well? Opinions Differ.

US Sues Harvard Over Treatment of Jewish and Israeli Students, Seeks Billions of Dollars

EXCLUSIVE: White House AI Framework Requires Measures to Protect Kids; Child Safety Advocates Want More

‘Very Personal’: GOP Pushing for Dalilah’s Law Vote on House Floor Soon

Americans, Learn From the UK’s Grooming Gang Scandal

Victor Davis Hanson: The Ungrateful Immigrant

EXCLUSIVE: Lawmakers to Probe Whether Free Education Incentivizes Illegal Immigration

Congressman Asks Trump to Press China to Release Prisoners

Decoupling From China on Critical Minerals Must Be a National Security Priority

  PoliticsSecurityNews

Weaponized Immigration Methods Aimed at America

Why Chinese Communist Media Is Touting the US Constitution

For Iran, Hegseth Wants Billions From Congress. Can He Get It?

   PoliticsSecurityNews

4 Big Takeaways From Tulsi Gabbard’s Testimony on Capitol Hill

‘Very Personal’: GOP Pushing for Dalilah’s Law Vote on House Floor Soon

Democrats Blame Trump for Elevated Terrorism Threat Despite DHS Shutdown

   PoliticsSecurityNews

4 Big Takeaways From Tulsi Gabbard’s Testimony on Capitol Hill

Fulton County Numbers Don’t Match After FBI Seizure

9th Circuit Shuns ‘Hypothetical’ Voter Rolls Complaint in Election Hot Spot

As SAVE America Act Stalls in Washington, States Take Election Integrity Into Their Own Hands

Citing ‘Echo Chamber’ on Iran, Trump Counterterrorism Chief Resigns

International Commentary

‘It’s a Very Surreal War’

Netanyahu Refutes Death Rumor With Coffee Run

Hegseth: Iran’s Leader ‘Wounded and Likely Disfigured’

Beyond the Oyster Fork: An Etiquette Expert’s Tips for ‘Relationships, Work, and Life’

Is the Iran Operation ‘America First’?

 International Commentary

Russia Operating ‘Systematic Child Abduction Operation,’ EU Ambassador Says

Meet the People Fueling Chaos in Minneapolis, New York, and Beyond 

While Some Allies Hesitate, Israel Is Already in the Fight Against Iran

Victor Davis Hanson: Why Kristi Noem Failed at DHS

Victor Davis Hanson: Newsom’s Rocky Month Shows the Risks of Running on Style Over Substance

Victor Davis Hanson: Trump Laid Out America’s Comeback While Democrats Sat Silent

9-0: Supreme Court Sides With Street Preacher’s Right to Sue Over City’s Speech Restriction

(Left to Right) Supreme Court Chief Justice John Roberts, Associate Justice Elena Kagan, Associate Justice Brett Kavanaugh and Associate Justice Amy Coney Barrett. (Chip Somodevilla/Getty Images)

Fred Lucas / @FredLucasWH

Fred Lucas is chief news correspondent and manager of the Investigative Reporting Project for The Daily Signal. He is the author of “The Myth of Voter Suppression: The Left’s Assault on Clean Elections.” Send an email to Fred.

The Supreme Court, in a unanimous decision on Friday, allowed a Christian pastor to proceed with his lawsuit against a Mississippi city’s law restricting where he could preach.

In the case of Olivier v. City of Brandon, Justice Elena Kagan, a Barack Obama appointee, wrote for the court in the case involving free speech and religious freedom.

The high court determined that pastor Gabriel Olivier could sue the government of Brandon, Miss., over an ordinance he contends unconstitutionally prevents him from sharing his Christian faith near a public amphitheater.

He was arrested for preaching outside the designated free speech area in 2021 and pleaded no contest.

The city cited a 1994 Supreme Court ruling in Heck v. Humphrey that a person cannot bring a civil rights lawsuit if success in the lawsuit invalidates a prior conviction—unless that conviction has already been reversed through appeal or clemency. Not a single justice bought the city’s argument. 

“By contrast, there is no looking back in Olivier’s suit; both in the allegations made, and in the relief sought, the suit is entirely future oriented—even if success in it shows that something past should not have occurred,” Kagan wrote.

“The Heck court did not consider such a suit, and the Heck language was not meant to address it. Heck, properly understood, does not preclude suits that only attempt to prevent future prosecutions.”

Kagan later added, “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.” 

In a public statement, Olivier was thankful for the ruling. 

“My goal from the beginning was to be granted my rights as an American citizen under our great Constitution,” Olivier said. “Now all people with deeply held Christian religious beliefs who are called to share the good news can do so in the public arena.”

The case was argued in December before the justices. 

Brandon, Mississippi, adopted a city ordinance in 2019 regulating protests around the city’s amphitheater.

Pastor Gabriel Olivier preached outside the designated “protest zone” in May 2021, and police told him to stay in the zone. Olivier first obeyed as requested, but later argued the designated area was too isolated. So, he returned to his original location and was arrested for violating the city’s ordinance. He pleaded no contest in June 2021 to violating the ordinance, but now wants to prevent future enforcement.

Had Olivier challenged his arrest, it would have been less murky legal territory since he would clearly have standing as someone harmed or affected by the law. However, his no-contest plea was not an admission of guilt, but also did not dispute the charges. He received a fine and a suspended 10-day sentence. 

Olivier wanted to return to preach at the amphitheater area again, so to avoid another arrest, he challenged the constitutionality of the city’s ordinance in federal court.

During his opening arguments, G. Todd Butler, representing Brandon, said Olivier had multiple opportunities to challenge the law and his conviction in state courts. Butler scoffed at the argument that “courthouse doors are closed” to Olivier. 

The district court and the 5th U.S. Circuit Court of Appeals determined Olivier could not challenge the Brandon ordinance even if its future enforcement would violate his constitutional rights. Both courts based their decisions on the Heck case.

Supreme Court Makes Sweeping Election Law Ruling

Who’s Afraid of the Ten Commandments?

After Supreme Court Ruling, Tariff Refund Battle Just Beginning

Read the first chapter of The Woketopus right now for FREE

Today, even with President Trump’s victory, leftist elites have their tentacles in every aspect of our government.

The Daily Signal’s own Tyler O’Neil exposes this leftist cabal in his new book, The Woketopus: The Dark Money Cabal Manipulating the Federal Government.

In this book, O’Neil reveals how the Left’s NGO apparatus pursues its woke agenda, maneuvering like an octopus by circumventing Congress and entrenching its interests in the federal government.

You can read the first chapter of this new book for FREE in this eBook, The Woketopus: Chapter One using the secure link below.

The Tony Kinnett Cast

The Daily Signal Podcast

© 2025 The Daily Signal Media Group, Inc. All rights reserved.

We use cookies on our website. By using our website, you consent to cookies.  Learn More .  

© The Daily Signal