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Supreme Court to Hear Evangelist’s Challenge to Mississippi Protest Rule

The case could clarify if a criminal conviction precludes civil-rights claims when habeas relief is unavailable for nonincarcerated defendants

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
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Overview

  • On July 3, the Supreme Court agreed to revive Gabriel Olivier’s challenge and will hear arguments in the fall, with a ruling due by next summer.
  • Olivier contends that an ordinance requiring protests to take place in a designated zone and banning loudspeakers audible past 100 feet violates his First Amendment rights.
  • Federal judges dismissed his lawsuit under Heck v. Humphrey, finding that civil claims are barred when success would imply invalidating his criminal conviction.
  • The City of Brandon maintains that the ordinance protects public order after Olivier’s group used a loudspeaker to shout insults at pedestrians near the amphitheater.
  • Represented by First Liberty Institute, Olivier seeks clarification on whether a no-contest plea should preclude civil-rights suits and habeas relief for nonincarcerated defendants.