Kennedy v. Bremerton School District
Issues
Does a prayer said by a public-school football coach in front of students constitute government speech unprotected by the First Amendment or private speech; and if it is private speech protected under the Free Speech and Free Exercise Clause, must a public school still prohibit it under the Establishment Clause?
This case asks the Supreme Court to decide whether a public school can prohibit a football coach from praying at midfield after a game ends. Petitioner Joseph A. Kennedy argues that he has a First Amendment right to pray on school grounds as long as he does so in his capacity as a private citizen and not as a coach. Respondent Bremerton School District contends that Kennedy impermissibly engaged in religious expression while in the course of performing his duties as a public-school employee. Therefore, Bremerton School District argues that it is properly within their discretion to prohibit Kennedy’s conduct as government speech. Bremerton School District further asserts that even if Kennedy’s prayer is properly considered private speech, they are compelled to prohibit it as a violation of the Establishment Clause. This case holds implications for the nature of the coach-student relationship, the scope of religious expression on public grounds, and the appropriate balance between free speech and religious pluralism.
Questions as Framed for the Court by the Parties
(1) Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection; and (2) whether, assuming that such religious expression is private and protected by the Free Speech and Free Exercise clauses, the Establishment Clause nevertheless compels public schools to prohibit it.
Joseph A. Kennedy (“Kennedy”) is a practicing Christian who served as a football coach at Bremerton High School in Bremerton, Washington, from 2008 to 2015. Kennedy v. Bremerton School District, at 1010.
The authors would like to thank Professor Nelson Tebbe and Professor Michael Heise for their guidance and insights into this case.
Additional Resources
- Ian Millhiser, The Supreme Court’s “praying coach” case, explained, Vox (Apr. 12, 2022).
- Julia Duin, U.S. Supreme Court taking on case of high school football coach fighting for right to pray on 50-yard line, Newsweek (Apr. 14, 2022).
- Leslie C. Griffin, Supreme Court to Decide Between Establishment and Free Exercise in Kennedy v. Bremerton School District, Verdict (Jan. 26, 2022).