Kennedy v. Bremerton School District

Joseph Kennedy, a high school football coach was fired from his job at a public school for praying after football
games. The Ninth Circuit found that Kennedy’s conduct was not protected by the First Amendment. It determined that whenever any school employee acts in a manner that could be constructed as modeling moral behavior
for students, he is speaking on behalf of the school and therefore has no First Amendment rights.

The Jewish Coalition for Religious Liberty submitted an amicus brief in support of the coach’s right to Free Speech. The lower court’s expansive definition of unprotected speech would uniquely disadvantage teachers dedicated to minority religions. Judaism requires its adherents to engage in numerous public expressions of their faith—such as covering their heads and making blessings before eating food. Because Judaism is a minority religion these practices stand out and call attention to the practitioner. They are therefore likely to be seen as modeling moral behavior. The Ninth Circuit’s opinion makes any of these personal expressions of faith fireable
offenses that are unprotected by the Constitution. The Jewish Coalition for Religious Liberty therefore argued that the 9th Circuit should reverse the panels decision and protect the rights of all religious people—especially those who belong to minority faiths.

The full brief is available for download here.