First Amendment

Louisiana Cops Threatened To Arrest a Man for Handing Out Religious Leaflets. They Got Qualified Immunity.

Richard Hershey is asking the Supreme Court to overrule a 5th Circuit decision that blocked the lawsuit provoked by that obvious First Amendment violation.

Jacob Sullum | 6.17.2026 4:30 PM

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Six years ago, Richard Hershey was distributing religious leaflets on a public sidewalk in a public park surrounding a public arena in Bossier City, Louisiana, when he was accosted by police officers who insisted that he stop. Hershey, who was promoting the views of the Christian Vegetarian Association outside a Christian rock concert at the Bossier City Arena, pointed out that he was exercising his constitutionally guaranteed freedom of speech and freedom of religion. He also noted that the officers had not interfered with another leafleteer, who was advertising a local radio station.

The cops were unmoved. If Hershey did not leave immediately, they said, he would be arrested, and he likewise would be carted off to jail if he ever dared return to the park.

It would be hard to imagine a more blatant violation of First Amendment rights. But last October, the U.S. Court of Appeals for the 5th Circuit held that Hershey could not sue the officers responsible for it because they were protected by qualified immunity, a doctrine that bars federal civil rights claims unless they allege violations of "clearly established" law. Now Hershey is asking the Supreme Court to overrule that jaw-dropping conclusion, which illustrates how broad interpretations of qualified immunity prevent victims of outrageous police misconduct from vindicating their rights.

"The right to evangelize in public, free of viewpoint-based government suppression, is as clearly established as any right in the firmament," Hershey's lawyers, who include former Solicitor General Paul Clement and litigators at the First Liberty Institute, note in a Supreme Court petition filed last Friday. "It is squarely protected by two separate but overlapping clauses of the First Amendment—the Free Speech and Free Exercise Clauses—and by decisions of this Court underscoring that viewpoint discrimination is verboten and that discrimination against religious speech is viewpoint discrimination (im)pure and simple. No government official should need an on-point circuit precedent to illustrate what the Constitution itself and this Court's........

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