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A witness claimed the group had hurled anti-gay slurs and one of them held a sign saying 'God hates homos'.
Those arrested want to challenge the constitutionality of an ordinance banning 'aggressive solicitation' in the Quarter, saying it denies them their right to free speech.
That ordinance prohibits people from congregating on Bourbon Street 'for the purpose of disseminating any social, political or religious message' after dark.
The ordinance does allow people to speak their messages if they take five steps off Bourbon Street.
Loyola Law Professor Dane Ciolino says the constitutionality of that ordinance depends on whether it's a reasonable restriction on speech, which the constitution allows.
"The First Amendment doesn't allow any content-based regulation," says Ciolino. "That is, if the substance of what these preachers was saying is the problem, that would clearly violate the First Amendment."
He says the city will likely argue that they can regulate, in a reasonable manner, the way that speech is conveyed to the public.
City Councilwoman Kristin Gisleson Palmer says 'aggressive solicitation' can be a crowd-control issue, affecting public safety in the heavily trafficked area.
However, Ciolino says the term 'aggressive solicitation' is a vague term that can be left to the discretion of an officer charged with enforcing the ordinance. He says that can often be problematic in cases involving speech rights.
He says both sides have a case and it's anybody's guess what'll happen if the litigation goes forward.
