On September 9, the Liberty Justice Center filed an amicus brief with the U.S. Supreme Court in support of Gabriel Olivier, a Mississippi resident fighting to protect his constitutional rights after being prosecuted under a city ordinance that restricts free speech. The case, Olivier v. City of Brandon, raises critical questions about the ability of individuals to seek protection from unconstitutional laws under 42 U.S.C. § 1983, even after facing prosecution.
In 2021, Olivier sued the city of Brandon for violating his First and Fourteenth Amendment rights. Olivier, a devout Christian, was forced into silence by local police after sharing his faith near a public amphitheater. The police charged him with violating a city ordinance that prohibits “protests” from occurring outside of a designated, remote area. Olivier pleaded “no contest” to the charge, paid a fine, then sued to prevent the city from enforcing this unconstitutional law again in the future.
However, both the district court and the Fifth Circuit Court of Appeals barred Olivier’s request for an injunction to prevent future enforcement of the ordinance, citing the Supreme Court’s precedent in Heck v. Humphrey. The Fifth Circuit’s decision deepened a circuit split on whether individuals who have been prosecuted under unconstitutional laws can seek prospective relief to protect their rights against future enforcement of those same laws.
The Liberty Justice Center’s amicus brief argues that the Fifth Circuit misapplied Heck v. Humphrey, creating a dangerous precedent that could prevent individuals from challenging unconstitutional laws. The brief highlights how the Fifth Circuit’s interpretation creates a “Catch-22” for plaintiffs: if they challenge a law before being prosecuted, the government argues the threat of enforcement is too speculative; if they wait until after prosecution, courts like the Fifth Circuit claim it is too late.
“If this ruling stands, our justice system exists only on paper. Courts call challenges before prosecution ‘hypothetical’ and after prosecution ‘too late,’ letting unconstitutional laws stay forever,” said Reilly Stephens of the Liberty Justice Center. “We urge the Supreme Court to issue a ruling definitively upholding ordinary Americans’ right to challenge unconstitutional laws—both before and after such laws are used against them.”
The Liberty Justice Center also filed an amicus brief in the case in April, urging the Supreme Court to take up the case and resolve the circuit split.
The Liberty Justice Center’s amicus briefs in in Olivier v. City of Brandon are available here.