Amicus brief argues lower court ruling creates an impossible situation for individuals seeking to challenge unconstitutional laws.
The Liberty Justice Center filed an amicus brief Tuesday with the U.S. Supreme Court, supporting Gabriel Olivier, a Mississippi man fighting to protect his First Amendment rights. The case, Olivier v. City of Brandon, challenges a lower court’s decision that prevents individuals who have been prosecuted under an unconstitutional law from seeking legal protection against future enforcement of that same law.
The case stems from an incident in 2021 when Olivier, a devout Christian, was charged by Brandon police for sharing his faith near a public amphitheater. Police cited a city ordinance prohibiting “protests” outside of a designated, remote area.
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Olivier pleaded “no contest” and paid a fine, but then sued the city to stop the law from being enforced again. However, both the district court and the Fifth Circuit Court of Appeals blocked his request for an injunction, citing the Supreme Court precedent in Heck v. Humphrey.
The Fifth Circuit’s ruling deepened a split among circuit courts, creating a legal “Catch-22” for plaintiffs. As highlighted in the Liberty Justice Center’s brief, individuals who challenge a law before being prosecuted are often told by courts that the threat of enforcement is too speculative, while those who wait until after prosecution are told it’s too late.
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“If this ruling stands, our justice system exists only on paper,” said Reilly Stephens of the Liberty Justice Center. “Courts call challenges before prosecution ‘hypothetical’ and after prosecution ‘too late,’ letting unconstitutional laws stay forever. 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 previously filed a brief in April, urging the Supreme Court to take on the case and resolve this circuit split, which they argue threatens to undermine the constitutional rights of all Americans.
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