Supreme Court Delivers Big Decision In First Amendment Case – Full Article

Olivier didn’t go to court over the $350 fine he got. Instead, he filed suit to make sure that the city law wouldn’t stop him or someone else like him from preaching outside the theater.

“Assuming a credible threat of prosecution, a plaintiff can bring an action to challenge a local law as violating the Constitution and to prevent that law’s future enforcement,” Kagan wrote.

Heck v. Humphrey set a precedent holding that a person can’t sue to overturn a prior conviction. Olivier’s case challenged that precedent.

Kagan said that a lawsuit asking for future help with an activity, like Olivier exercising his First Amendment rights, was valid under the court’s rules. She said it was like a prisoner asking for a fairer trial in the future.