Supreme Court revives Mississippi evangelist’s challenge to protest ordinance
Supreme Court revives Mississippi evangelist’s challenge to protest ordinance
The Supreme Court on Friday revived a Mississippi evangelist’s challenge to a city protest ordinance he was previously convicted of violating, making it easier for people to challenge laws they were convicted under to bar future prosecution.
Gabriel Olivier, a Christian street preacher, had asked the justices to let his lawsuit questioning the constitutionality of an ordinance restricting demonstrations outside a Brandon, Miss., amphitheater move forward. He claims the law runs afoul of his religious rights.
However, his conviction for violating the ordinance caused lower courts to reject his bid, based on a 1994 Supreme Court ruling that barred people from challenging laws they were previously convicted under to avoid backdoor efforts to challenge the conviction’s validity.
A federal judge threw out Olivier’s case, and a panel of U.S. Court of Appeals for the 5th Circuit affirmed. Over several dissents, the full appeals court declined to rehear the case by a one-vote margin.
The justices ruled unanimously to let Olivier’s lawsuit proceed, saying that the court’s precedent in Heck v. Humphrey does not bar legal challenges such as........
