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Appeals court rules barring pregame prayer does not violate First Amendment

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A federal appeals court ruled that the Florida High School Athletic Association (FHSAA) did not violate First Amendment rights when it blocked a Tampa Christian school’s request to broadcast a pregame prayer over the loudspeaker at a 2015 football championship. The 11th U.S. Circuit Court of Appeals upheld a previous ruling, finding that announcements over the stadium PA system were “government speech” and not subject to free speech protections.

Cambridge Christian School argued that the ban infringed on its religious freedom and free speech rights, but the court maintained that the FHSAA was regulating its own communication. Since the announcements were scripted and controlled by the FHSAA, blocking the prayer did not violate the school’s rights, the ruling concluded.

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The lawsuit arose from a championship game between Cambridge Christian and University Christian School at Orlando’s Camping World Stadium. While players prayed on the field before the game, the loudspeaker remained off for spectators, which led to the lengthy legal battle.

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The case also prompted legislative action. In 2023, Florida lawmakers passed a law allowing high schools to deliver “brief opening remarks” before state championships — including prayers, if they wish — with restrictions on length and derogatory content. Under the law, the FHSAA cannot control or monitor what is said in these opening remarks.

While the court upheld the ban, Cambridge Christian also sought an injunction to prevent similar restrictions in the future. However, the panel ruled the school lacked standing, as the team hasn’t returned to a championship game since 2015, making a repeat scenario unlikely. The court’s decision and the new law effectively render the FHSAA’s earlier prayer ban moot.

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[Jack Aylmer]

A FEDERAL APPEALS COURT RULED THAT THE FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION DID NOT VIOLATE FIRST AMENDMENT RIGHTS WHEN IT STOPPED A TAMPA CHRISTIAN SCHOOL FROM BROADCASTING A PREGAME PRAYER OVER THE LOUDSPEAKER AT A 2015 HIGH SCHOOL FOOTBALL CHAMPIONSHIP.

THE 11TH U-S CIRCUIT COURT OF APPEALS UPHELD A LOWER COURT’S DECISION, AGREEING WITH THE ARGUMENT THAT LOUDSPEAKER ANNOUNCEMENTS AT THE GAME WERE ‘GOVERNMENT SPEECH’… FULLY SCRIPTED AND CONTROLLED BY THE ASSOCIATION. THE COURT RULED THIS RESTRICTION DID NOT VIOLATE FREE SPEECH OR FREE EXERCISE RIGHTS FOR CAMBRIDGE CHRISTIAN SCHOOL, WHICH FILED THE LAWSUIT.

CAMBRIDGE CHRISTIAN ARGUED THE RESTRICTION INFRINGED ON THEIR RELIGIOUS RIGHTS. BUT THE COURT SAID THE F-H-S-A-A WAS ONLY REGULATING ITS OWN COMMUNICATION, NOT RESTRICTING PERSONAL RELIGIOUS EXPRESSION. WHILE PLAYERS FROM BOTH TEAMS PRAYED ON THE FIELD, THOSE PRAYERS WEREN’T BROADCAST TO THE CROWD.

THE CASE GAINED ATTENTION IN FLORIDA’S LEGISLATURE, WHERE LAWMAKERS PASSED A LAW ALLOWING HIGH SCHOOLS TO DELIVER BRIEF OPENING REMARKS… WHICH CAN INCLUDE PRAYERS AT CHAMPIONSHIP GAMES. UNDER THIS LAW, REMARKS ARE LIMITED TO TWO MINUTES, AND THE ATHLETIC ASSOCIATION CANNOT MONITOR OR CONTROL THE CONTENT.

WHILE CAMBRIDGE CHRISTIAN SOUGHT AN INJUNCTION TO PREVENT SIMILAR BANS IN THE FUTURE, THE COURT FOUND THEY DIDN’T HAVE STANDING TO REQUEST IT. THEIR TEAM HASN’T RETURNED TO A CHAMPIONSHIP GAME SINCE 2015, MAKING A REPEAT SCENARIO UNLIKELY.

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FOR STRAIGHT ARROW NEWS… I’M JACK AYLMER.