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.YOU SHOULDN’T NEED A PERMIT TO PRAY IN YOUR OWN HOME — THE SUPREME COURT SHOULD AGREEU.S.Supreme Court building on Wednesday, March 18, 2026.
(Bill Clark/CQ-Roll Call, Inc.via Getty Images)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 han...