The Supreme Court on Dec. 3 heard arguments in a case examining whether a street preacher can bring a First Amendment claim against a city ordinance—and if a victory in the case would imply his previous conviction was invalid.
The case concerns Christian evangelist Gabriel Olivier, who wants to challenge a Brandon, Mississippi, ordinance that bars protesters from demonstrating too close to a local concert venue.
Olivier tried to file a civil claim under 42 U.S. Code, Section 1983, which allows individuals to sue governments over alleged violations of their civil rights. But lower courts said precedent in a previous case, Heck v. Humphrey, meant he could not sue since he had already pleaded guilty to violating Brandon’s ordinance….