GOP lawmakers urge Supreme Court to strengthen First Amendment protections for street preachers

EXCLUSIVE — Two House Republicans are urging the U.S. Supreme Court to hear a case they say could strengthen First Amendment protections for religious speech, arguing police officers should not receive qualified immunity for "obvious" constitutional violations against Christian evangelist Richard Hershey.

"Mr. Hershey’s constitutional rights were treated as optional the moment officers decided to ignore them," Rep. Nathaniel Moran, R-Texas, told Fox News Digital in a statement. "The Fifth Circuit's ruling lets that stand, creating a circuit split that leaves citizens with weaker right to free speech and right to religious free exercise which is contrary to the Founders’ intent. The violation of these First Amendment rights should alarm everyone, regardless of politics or faith."

Moran and Rep. Glenn Grothman, R-Wis., are leading an amicus brief supporting Hershey's petition to the Supreme Court, arguing the justices should resolve a split among federal appeals courts over whether government officials can claim qualified immunity for obvious First Amendment violations.

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Moran and Grothman’s brief argues that the Constitution protects Hershey's sidewalk evangelism under both the free speech and free exercise clauses, and maintains that qualified immunity should not shield officers from clear constitutional violations.

It also says Congress intended Section 1983 to hold government officials accountable for infringing constitutional rights and maintains that differing rulings between federal appeals courts make Supreme Court review necessary.

Last month, First Liberty Institute and the law firm Clement & Murphy PLLC asked the U.S. Supreme Court to review a Fifth Circuit decision that shielded Louisiana government officials from liability after they stopped Hershey from handing out Christian vegetarian literature on a public sidewalk outside a public park.

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According to court filings, in February 2020, Hershey was handing out Christian religious pamphlets near the Bossier City Arena in Louisiana when police officers and security personnel told him to stop and leave the area. First Liberty says there was no written policy governing leafletting on the public sidewalks surrounding the arena.

The legal group alleges Hershey was "harassed and threatened with arrest and jail," and tried to explain that he believed his activities were protected by the First Amendment. Hershey left the area and did not return, according to the petition, due to concerns that he would be taken into custody.

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Hershey later sued five police and security officers, alleging they violated his constitutional free speech rights. A federal district court ruled the officers were entitled to qualified immunity, and the Fifth Circuit upheld that decision on appeal.

"There is simply no excuse for the government actions alleged in petitioner’s complaint. In any other circuit — and in the Fifth Circuit if he were a prisoner asserting mistreatment — his case could proceed," the petition reads. "This Court should intervene and reaffirm that there is no novelty exception to the promise of §1983 when it comes to clearly established constitutional rights."

Fox News Digital reached out to First Liberty Institute and attempted to reach Hershey for comment but did not immediately receive a response.