Richard Hershey, Petitioner v. City of Bossier City, Louisiana, et al.

Richard Hershey says police and security officers threatened to arrest him and made him leave a public sidewalk outside a concert while he handed out religious leaflets, even though a nearby commercial leafleteer was left alone. He is asking the Supreme Court to decide whether officers can still claim qualified immunity (a rule that often shields officials from damages) when a free speech or religious-exercise violation was allegedly obvious.

The case is still at the petition stage, and oral argument has not been scheduled. Hershey argues that Hope v. Pelzer should apply to Free Speech and Free Exercise claims, not just Eighth Amendment claims.

The answer could affect how hard it is to sue officers who stop speech or religious activity in public places. For example, it could matter to someone handing out leaflets on a sidewalk outside an arena, rally, or festival.

He says officers treated religious leafleting worse than nearby commercial leafleting on a public sidewalk. The Court is being asked whether that alleged obvious violation can support damages claims.

People sharing political or religious messages on public sidewalks could be affected. Police and security officers also could face more suits when a rights violation seems obvious.

The justices will decide whether to grant certiorari (agree to hear the case). No oral argument is scheduled, and no decision window is available yet.