One has to wonder whether the street preacher and his videographer are sad or happy now that they’ve been found innocent of disturbing the peace and failing to obey a law enforcement officer.

After all, Micah Keith Bishop and Jesse Andrew Clemts were intent on being arrested at last fall’s Old Court House Flea Market. They told the sheriff and the police chief of their plans in advance. That means shouting the gospel, which is what Bishop did before the arrests, was as much about testing man’s law as it was about spreading God’s word. Bishop, who grew up in Vicksburg, had been arrested in Clinton earlier in 2009, too.

For decades now, cases on this topic have swirled through state and federal courts. There are street preacher organizations. They have Web sites and communicate with each other about gains and setbacks in the legal system.

Charlie Mitchell is executive editor of The Vicksburg Post. Write to him at Box 821668, Vicksburg, MS 39182, or e-mail.

A common thread is the claim of constitutional freedom of religion.

Bishop and Clemts offered no testimony, but other defendants often say they are persecuted because they are Christians who are attempting to spread a Christian message, not merely prosecuted for their unusual public displays.

In courtrooms, however, religion is not an issue. Let me repeat that: The cases don’t question the faith of the defendants or their right to express their faith. The cases are limited to whether the rights of others or the public generally were abused.

Municipal judges very rarely offer written opinions. In this case, Municipal Judge Nancy Thomas included nine single-spaced, well-reasoned pages with her verdict.

Judge Thomas makes clear these are freedom of speech cases, not freedom of religion cases.

A long series of freedom of speech cases makes clear that government cannot interfere with or punish what a citizen says in a public forum, except by setting reasonable limits on the time, place and manner, or if the words spoken are lewd, obscene, libelous or are designed or would have the effect of causing listeners to become violent.

Bishop’s words didn’t do any of that. So he was innocent. End of story, unless the city appeals, which is unlikely, or Bishop, Clemts or any organization supporting them decides to sue the city.

In her opinion, Judge Thomas also talked about the testimony by area residents and flea market folks who said they were offended. A lot of people think there’s a right not to be offended. Not so. Whether it’s having to look at goofballs sagging their pants, having a street preacher shout at them or anything else, “I didn’t like seeing that” or “I didn’t like hearing that” is not a topic the Constitution addresses.

Back to street preachers, generally.

They read the same Scripture other Christians do and feel commanded to take the message of salvation, well, to the streets. The video I watched, reportedly of Bishop in Clinton, contained no words that could be considered insults. That’s not always true of other street preachers. I’ve heard women being called prostitutes (although a shorter word was used) because they were wearing lipstick. “Ask me why you deserve hell,” is another refrain. I’m told street preachers who use this approach believe there’s a commandment to rebuke sinners, not coddle them.

Positioning themselves as victims of government forces trying to stamp out religion is pretty standard for street preachers, too. For that reason, it’s fair to wonder whether Bishop and Clemts might have preferred a different verdict, creating another case to wend it’s way up the appeals process. But Judge Thomas ruled they weren’t hurting anything, which was right. The verdict fits their belief they did nothing illegal, but conflicts with the theory that government is anti-Christian.

This is a subject run through with the strongest of feelings. The zeal is real.

For pedestrians who might encounter such a situation, however, remember that being unsettling, being abrasive, being confrontational is what street preachers do. Listen, argue or keep walking. That’s up to you.