House Republicans have filed an amicus brief urging the Supreme Court to reject qualified immunity protections for police officers who stopped Christian evangelist Richard Hershey from handing out religious pamphlets in Louisiana.

According to court filings, in February 2020, Hershey was distributing Christian vegetarian literature near the Bossier City Arena on a public sidewalk when police officers and security personnel ordered him to stop and leave the area. Hershey was reportedly harassed and threatened with arrest and jail.

Rep. Nathaniel Moran (R-Texas) told Fox News Digital that Hershey's constitutional rights were disregarded by officers, and criticized the Fifth Circuit's ruling that shielded the government officials from liability. Moran said this ruling creates a circuit split that weakens citizens' rights to free speech and religious exercise, contrary to the Founders’ intent. He emphasized that the violation of First Amendment rights should concern everyone regardless of politics or faith.

The amicus brief, led by Rep. Glenn Grothman (R-Wis.), supports Hershey's petition to the Supreme Court, arguing the justices should resolve the split among federal appeals courts on whether government officials can claim qualified immunity for clear First Amendment violations. The brief notes that Congress intended Section 1983 to hold government officials accountable for infringing constitutional rights and that differing rulings among appeals courts make Supreme Court review necessary.

The Supreme Court is set to review the Fifth Circuit decision that protected Louisiana officials from liability after stopping Hershey's religious speech. The case could potentially strengthen First Amendment protections for religious speech, particularly for street preachers.

Supreme Court building on March 18, 2026
Supreme Court building on Wednesday, March 18, 2026. (Bill Clark/CQ-Roll Call, Inc. via Getty Images)