Faith, Football, and the First Amendment: Threading the Needle between Establishment and Free Exercise

Abstract

From the “Hail Mary Pass” to the “Immaculate Reception,” “Touchdown Jesus” to “Catholics vs. Convicts,” and even “Tebowing” to the simple celebration prayer, faith and football have always been intertwined. Despite the significant impact of religion and prayer in shaping our football culture, the concern is when this tradition involves both coaches and players in the public-school context. Specifically, courts are being faced with determining when a coach’s expressive conduct around the football field is “private” speech expressing the views and emotions of the individual, or “public” speech expressing the views of the school and the state. This paper analyzes how Kennedy v. Bremerton School District — the most recent clash between faith and public-school football — sheds light on how lower courts are failing to interpret the proper scope of the Establishment Clause and in doing so, stripping high school football coaches of their First Amendment rights.