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11th Circuit rules for athletic association that refused to allow pregame prayer over PA system

By Debra Cassens Weiss

September 4, 2024, 10:09 am CDT

A federal appeals court has ruled against a private Christian school alleging that its First Amendment rights were violated when the Florida High School Athletic Association rejected its request to broadcast a pregame prayer over the public address system.

In a Sept. 3 decision, the 11th U.S. Circuit Court of Appeals at Atlanta found no violation of the Cambridge Christian School’s rights to free speech and free exercise of religion, report Courthouse News Service and the Florida Phoenix.

After the prayer request was denied, the Cambridge Christian School and the opposing team prayed at midfield before play began in the 2015 state championship football game at the Citrus Bowl in Orlando, Florida.

Messages on the PA system before the championship game at a government-owned stadium were government speech with no First Amendment restrictions, the 11th Circuit said.

Three factors—history, endorsement and control—support the conclusion that the PA system policy was government speech, the appeals court said.

The history of the pregame speech in playoff games shows that it was entirely scripted and typically limited, making it traditional government speech. Observers could reasonably think that the pregame comments were endorsed by the government. And the association controlled the script. PA announcers had to follow instructions for promotional announcements, player introductions and awards ceremonies.

The appeals court also said the Tampa, Florida, Christian school’s request for declaratory and injunctive relief are moot because of a new Florida law and new policy by the association. The law, which took effect in July 2023, requires the association to allow schools to make opening remarks that can include prayers at championship games.

Under association policy adopted to comply with the law, opening remarks must be under two minutes in length and carry a disclaimer that they are not endorsed by the association. The remarks cannot be derogatory, rude or threatening.

The appeals court also said the Cambridge Christian School lacked standing for an injunction because there is no indication that it will return to the championship soon.

“Hope springs eternal, but standing cannot be built on hope,” the 11th Circuit said. “With all due respect to the Cambridge Christian Fighting Lancers, there’s nothing to suggest that the team’s participation in a future football state championship is imminent or even likely.”

The school was represented by the First Liberty Institute, a group that litigates religious liberty cases, according to a prior June 2023 press release on the case.

See also:

Supreme Court rules for praying football coach, drops Lemon test

Gorsuch and Kavanaugh sour on Lemon endorsement test in praying football coach case

Supreme Court considers whether high school football coach has right to pray on the field

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