115 F.4th 1266
11th Cir.2024Background
- Cambridge Christian School, a private Christian school in Tampa, requested to broadcast a pregame prayer over the public address (PA) system at the 2015 Florida High School Athletic Association (FHSAA) state football championship.
- The FHSAA, a state actor governing high school athletics in Florida, denied the request, citing concerns about violating the Establishment Clause.
- Cambridge Christian filed suit, alleging violations of its Free Speech and Free Exercise rights under the U.S. and Florida Constitutions.
- The Eleventh Circuit previously remanded the case for further factual development on whether the speech was private or government speech.
- On remand, the district court granted summary judgment for FHSAA, finding the speech at issue was government speech, thus not protected by Free Speech or Free Exercise clauses. Changes to Florida law in 2023 now allow schools brief pregame PA remarks in such settings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing & Mootness of equitable claims | School argued imminent likelihood of recurrence, needing relief for future games | FHSAA argued no real or immediate threat of recurrence; new law/policy moots claims | No standing or moot; school not likely to face same situation soon; new law/policy moots future claims |
| Free Speech right to pregame PA prayer | Ban on prayer over PA at championship game violates school’s speech rights | Speech over PA at championship is controlled/gov’t speech, thus not subject to Free Speech protections | Speech is government speech; Free Speech Clause does not apply |
| Free Exercise right to pregame PA prayer | Denial burdens religious practice; right to exercise religion in official events | Restriction is on government’s own speech, not individual exercise | No violation; Free Exercise Clause not implicated by restrictions on government speech |
| Claim for Nominal Damages | Entitled to nominal damages for past constitutional violation | Claim waived; not explicitly pled; no damages alleged | Nominal damages claim not waived in First Amendment cases; entitled to nominal damages on proof of violation |
Key Cases Cited
- Pleasant Grove City v. Summum, 555 U.S. 460 (2009) (government speech doctrine; public monuments on government land)
- Walker v. Tex. Div., Sons of Confederate Veterans, Inc., 576 U.S. 200 (2015) (state’s control over specialty license plates is government speech)
- Johanns v. Livestock Mktg. Ass’n, 544 U.S. 550 (2005) (government approval makes private message government speech)
- Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000) (school policy allowing student-led prayer at football games violated Establishment Clause)
- Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819 (1995) (neutral government programs cannot exclude religious speech)
- Uzuegbunam v. Preczewski, 141 S. Ct. 792 (2021) (nominal damages are sufficient redress for past constitutional violations)
- Clapper v. Amnesty Int’l USA, 568 U.S. 398 (2013) (standing requires injury be certainly impending)