Police arrested Mark Frost and Jayson Gardner in Hampton, N.H., in August 2008 and charged them with "unreasonable or loud" noise. While in custody, officers asked the two, "Where is your God now?"
Those charges were eventually dropped, but the Alliance Defense Fund has filed a civil suit challenging the restriction.
Kelly Shackelford, president of the Liberty Legal Institute, called it a clear violation of the First Amendment.
"In order to lose the ability to share the Truth, you have to lose the freedom of speech," he said. "That's a fundamental right for anybody who cares about religious freedom."