The Poynter Institute Menu Donate State Editions * California * Florida * Iowa * Michigan * New Hampshire * New York * North Carolina * Pennsylvania * Texas * West Virginia * Wisconsin Issues * All Issues * Online hoaxes * Coronavirus * Health Care * Immigration * Extremism * Taxes * Marijuana * Environment * Crime * Guns * Foreign Policy * LGBTQ+ People * Joe Biden * Kamala Harris * Donald Trump * Mitch McConnell * Hakeem Jeffries * Ron DeSantis Media * PunditFact * Tucker Carlson * Sean Hannity * Rachel Maddow * Bloggers * PolitiFact Videos Campaigns * 2024 Elections Truth-o-Meter * True * Mostly True * Half True * Mostly False * False * Pants on Fire Promises * Biden Promise Tracker * Trump-O-Meter * Obameter * Latest Promises About Us * Our Process * Our Staff * En Español * Who pays for PolitiFact? * Advertise with Us * Suggest a Fact-check * Corrections and Updates * Newsletters Donate #### Follow us The Facts Newsletter Sign up English Español ### Get PolitiFact in your inbox. * Weekly Email Newsletter * Daily Email Newsletter Your Email Address Sign Up ![](\\" ![](\\" James Lankford stated on September 25, 2017 in a press conference: \"The First Amendment’s the First Amendment. It goes start to finish. We can’t say to one football coach you’re fired if you kneel in silent prayer at the end of the game, but to a player, if you kneel in protest to a game, you’re celebrated.\" ![\\"true\\"](\\" half-true/6479cbc723379f0ee49c269b0b9790b7.jpg.\\") ![\\"half- true\\"](\\" true.jpg\\") * National * Religion * Sports * James Lankford ![\\"Manuela](\\" By Manuela Tobias October 2, 2017 # Sen. James Lankford\'s misleading comparison about NFL protests, firing of high school football coach What’s the difference between a football coach kneeling in prayer and an NFL player taking a knee in protest? A reader asked us to look into this question after Sen. James Lankford, R-Okla., suggested the two were being treated differently under the law at a press conference on Sept. 25, 2017. \"Now the First Amendment’s the First Amendment. It goes start to finish. We can’t say to one football coach, you’re fired if you kneel in silent prayer at the end of the game, but to a player, if you kneel in protest at a game, you’re celebrated,\" Lankford said. Is the First Amendment setting a double-standard being set when it comes to kneeling and football games? Not quite. Lankford’s comparison is misleading, as the First Amendment is only applicable to one of these cases. In addition, he doesn’t have all of the facts straight. The football coach Lankford said high school coaches have kneeled in silent prayer and have \"been fired.\" There’s one case that fits the description, though it’s wrong to say the coach in question was fired. Lankford was referring to Joseph Kennedy, an assistant football coach at Bremerton High School in Bremerton, Wash. Kennedy led students in locker-room prayers before and after most games and prayed on the 50-yard line after games. He also gave motivational speeches on the 50-yard line that he said \"likely constituted prayers,\" according to subsequent court documents. \"Students, coaches, and other attendees from both teams were invited to participate. During the speeches, the participants kneeled around Kennedy, who raised a helmet from each team and delivered a message containing religious content,\" according to court documents. The school only let him pray on the 50-yard line after students and parents had left the field, which he did for awhile, but eventually returned to praying before they departed. When it came time for annual review, \"the athletic director recommended that Kennedy not be rehired because Kennedy ‘failed to follow district policy’ and ‘failed to supervise student-athletes after games due to his interactions with (the) media and (the) community,’\" according to court documents. In the end, Kennedy wasn’t fired. After his contract expired, alongside the five other assistant football coaches’ year-long contracts, the district opened up his position and Kennedy did not reapply. Instead, Kennedy \"sought an injunction ordering the district to ‘cease discriminating against him in violation of the First Amendment.’\" The district court denied the injunction and the 9th Circuit panel upheld that decision. Lankford, co-chair of the Congressional Prayer Caucus, drafted a challenge to the school district in 2015 on the issue. #### Featured Fact-check ![](\\" Instagram_logo_2016.svg/322c808c00e73c217d17772ddd5a0eb5.jpg\\") ![](\\" Instagram_logo_2016.svg/8b142c91ebe468a84a192e6df2b7b994.jpg\\") Instagram posts stated on August 12, 2024 in an Instagram post Kamala Harris posted about banning Barron Trump’s friend from X because he wore a “Biden Loves Minors” shirt. ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Sofia Ahmed • August 14, 2024 Lankford’s office did not provide additional examples that fit the description of his claim. The First Amendment The First Amendment protects the expression of private citizens, which the coach would have exercised if praying in the stands or the sidelines, according to Gene Policinski, chief operating officer of the Newseum’s First Amendment Center. Students (in this case comparable to the NFL players) are free to pray silently, but as public employees, coaches are only allowed to do so under circumstances in which they don’t offer an overt endorsement of their religious views. \"When Kennedy kneeled and prayed on the 50-yard line immediately after games while in view of students and parents, he spoke as a public employee, not as a private citizen, and his speech therefore was constitutionally unprotected,\" the 9th Circuit wrote in its opinion denying Kennedy’s injunction claim. The court found that Kennedy \"took advantage of his position to press his particular views upon the impressionable and captive minds before him.\" While there may be disagreements with the court’s ruling (like Lankford’s), the key distinction between the coach’s case and NFL players is that restriction of free speech by the First Amendment only applies to the former, as it constitutes government action. The First Amendment doesn’t apply to a privately owned company like the NFL. When kneeling, NFL players are acting as private individuals, so they enjoy the same free speech and free exercise rights that Kennedy’s players would enjoy. However, the First Amendment isn’t enough to protect them against their employers because their employers aren\'t the government. Only state laws, and in some cases employment contracts, can rein in the limits set by their employer, experts told us. \"It does not violate the First Amendment for a private employer (or for customers/fans) to disapprove of an employee\'s speech,\" said Richard Garnett, a law professor at Notre Dame University. So while some fans may celebrate players’ kneeling in protest, it’s up to the NFL whether to take action. ![\\"\\"](\\"//pixel.watch/uqy6\\") Our ruling Lankford said, \"Now the First Amendment’s the First Amendment. It goes start to finish. We can’t say to one football coach you’re fired if you kneel in silent prayer at the end of the game, but to a player, if you kneel in protest to a game, you’re celebrated.\" His complaint of the First Amendment’s double standard is misleading because the First Amendment only applies to government action, or the public high school football coach. The First Amendment doesn’t protect NFL players’ speech, which is under the purview of their employer. Additionally, the football coach Lankford discussed wasn’t fired; he failed to reapply once his contract ended. We rate this statement Half True. Share the Facts 2017-10-02 18:05:20 UTC PolitiFact ![\\"PolitiFact\\"](\\" logo-big.jpg\\"/) 4 1 7 ![\\"PolitiFact](\\" halftrue.jpg\\") PolitiFact Rating: Half True \"The First Amendment’s the First Amendment. It goes start to finish. We can’t say to one football coach you’re fired if you kneel in silent prayer at the end of the game, but to a player, if you kneel in protest to a game, you’re celebrated.\" James Lankford U.S. senator, R-Okla. ![](\\" In a press conference Monday, September 25, 2017 2017-09-25 Read More info #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources Youtube, Senators Lankford, Tillis, Hatch Introduce the SUCCEED Act, Sept. 25, 2017 Email interview with Darrell Jordan, Communications Director for Sen. James Lankford, Sept. 28, 2017 Phone interview with Gene Policinsky, chief operating officer of the Newseum’s First Amendment Center, Sept. 28, 2017 Email interview with Richard Garnett, law professor at Notre Dame University, Sept. 28, 2017 Email interview with Kermit Roosevelt, law professor at University of Pennsylvania, Sept. 28, 2017 Email interview with Erwin Chemerinsky, Dean of the University of California, Irvine School of Law, Sept. 29, 2017 United States Court of Appeals, Opinion, Aug. 23, 2017 Lankford.Senate.gov, Senator Lankford, Rep. Forbes Lead Congressional Challenge to Washington School District in Support of Praying Football Coach, Oct. 27, 2015 ## Browse the Truth-O-Meter ### More by Manuela Tobias ![](\\" ![](\\" Senate Leadership Fund stated on October 11, 2018 in a campaign ad: \"Washington Heidi supports sanctuary cities, where illegal immigrants can be released on our streets, like this criminal, who was let go and then sexually assaulted a child.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Manuela Tobias • October 19, 2018 ![](\\" ![](\\" Bloggers stated on October 9, 2018 in blog post: \"Indiana has purged no less than 20,000 voters in violation of a federal court order.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Manuela Tobias • October 17, 2018 ![](\\" ![](\\" National Taxpayers Union stated on October 10, 2018 in Washington Examiner op-ed: \"The latest round of tariffs now means that the total tax increase on Americans from enacted tariffs exceeds the tax increases from the Affordable Care Act.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Manuela Tobias • October 12, 2018 ![](\\" mugs-mug- independentgroup__________________3/98605b4996e42408507987c4affd735f.jpg\\") ![](\\" mugs-mug- independentgroup__________________3/d34069b2fffce57ddf492536b7c1e859.jpg\\") TheLastLineOfDefense.org stated on January 12, 2019 in a post on Facebook: \"Nancy Pelosi Removed From Benefit for ‘Being So Drunk She Couldn’t Stand Up’ \" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Manuela Tobias • January 23, 2019 ![](\\" ![](\\" Bloggers stated on January 19, 2019 in In a blog post: \"Pelosi’s Secret Overseas Mission Included 93 Family Members\" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Manuela Tobias • January 23, 2019 ![](\\" ![](\\" Donald Trump stated on January 8, 2019 in a televised speech: Says Sen. Charles Schumer \"repeatedly supported a physical barrier in the past along with many other Democrats. They changed their mind only after I was elected president.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Manuela Tobias • January 9, 2019 ![](\\" ![](\\" Donald Trump stated on January 8, 2019 in a televised speech: \"At the request of Democrats, it will be a steel barrier rather than a concrete wall.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Manuela Tobias • January 9, 2019 ![](\\" ![](\\" Eric Swalwell stated on November 12, 2018 in a tweet: \"15,000 troops will not see their families for #Thanksgiving because of @realDonaldTrump’s Scaravan Stunt. Oh yeah, it’s also costing you 200 million dollars.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Manuela Tobias • November 15, 2018 ![](\\" ![](\\" Donald Trump Jr. stated on November 12, 2018 in in a tweet: \"Nearly 200,000 Florida voters may not be citizens.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • November 13, 2018 ![](\\" ![](\\" North Dakota Democratic–Nonpartisan League Party stated on November 1, 2018 in a Facebook ad: \"Attention hunters: Voting in North Dakota could cost you your out-of-state hunting licenses.\" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Manuela Tobias • November 2, 2018 ![](\\" ![](\\" Donald Trump stated on October 26, 2018 in a campaign rally: \"The Democrat plan would just obliterate Medicare and terminate Medicare Advantage ... seniors who have been paying for this for years (and) will not be taken care of anymore.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Manuela Tobias • November 2, 2018 ![](\\" ![](\\" Kevin Cramer stated on October 26, 2018 in U.S. Senate debate: \"Protections on pre-existing conditions have been there since the 1970s.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Manuela Tobias • November 1, 2018 ![](\\" ![](\\" National Republican Senatorial Committee stated on October 24, 2018 in a digital ad: \"We know dangerous criminals can slip through immigration at airports just like ours. Yet Joe Donnelly stood right here with the radical left against all efforts to secure our most vulnerable entry points.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Manuela Tobias • October 26, 2018 ![](\\" ![](\\" Future45 stated on October 16, 2018 in a campaign ad: Voting for \"any Democrat\" gets you \"socialism ... undefended open borders ... immediate tax increases ... 100 percent government-run health care ...\" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Manuela Tobias • October 24, 2018 ![](\\" ![](\\" Kevin Cramer stated on October 18, 2018 in North Dakota Senate debate: \"The standard of voting in North Dakota is the easiest in the country.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Manuela Tobias • October 23, 2018 ![](\\" ![](\\" Senate Leadership Fund stated on October 11, 2018 in a campaign ad: \"Washington Heidi supports sanctuary cities, where illegal immigrants can be released on our streets, like this criminal, who was let go and then sexually assaulted a child.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Manuela Tobias • October 19, 2018 ![](\\" ![](\\" Bloggers stated on October 9, 2018 in blog post: \"Indiana has purged no less than 20,000 voters in violation of a federal court order.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Manuela Tobias • October 17, 2018 ![](\\" ![](\\" National Taxpayers Union stated on October 10, 2018 in Washington Examiner op-ed: \"The latest round of tariffs now means that the total tax increase on Americans from enacted tariffs exceeds the tax increases from the Affordable Care Act.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Manuela Tobias • October 12, 2018 ![](\\" mugs-mug- independentgroup__________________3/98605b4996e42408507987c4affd735f.jpg\\") ![](\\" mugs-mug- independentgroup__________________3/d34069b2fffce57ddf492536b7c1e859.jpg\\") TheLastLineOfDefense.org stated on January 12, 2019 in a post on Facebook: \"Nancy Pelosi Removed From Benefit for ‘Being So Drunk She Couldn’t Stand Up’ \" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Manuela Tobias • January 23, 2019 ![](\\" ![](\\" Bloggers stated on January 19, 2019 in In a blog post: \"Pelosi’s Secret Overseas Mission Included 93 Family Members\" ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Manuela Tobias • January 23, 2019 ![](\\" ![](\\" Donald Trump stated on January 8, 2019 in a televised speech: Says Sen. 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James Lankford\'s misleading comparison about NFL protests, firing of high school football coach * ![](\\" ![](\\" Donald Trump stated on September 7, 2024 in a rally in Mosinee, Wis.: Vice President Kamala Harris “cast the tiebreaking votes that caused the worst inflation in American history, costing a typical American family $28,000.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Louis Jacobson • September 8, 2024 * ![](\\" ![](\\" National Republican Senatorial Committee stated on August 28, 2024 in an Instagram ad: Elissa Slotkin “gave your hard-earned tax money to illegal immigrants.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Caleb McCullough • September 6, 2024 * ![](\\" ![](\\" Instagram posts stated on September 5, 2024 in a post: Video shows Democratic vice presidential candidate Tim Walz dancing to Beyoncé in a cowboy hat and crop top. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sara Swann • September 6, 2024 * ![](\\" ![](\\" X posts stated on September 3, 2024 in X posts: A group of 32 armed Venezuelans took over an apartment building in Chicago. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sofia Ahmed • September 6, 2024 * ![](\\" ![](\\" Instagram posts stated on September 2, 2024 in una publicación en Instagram: \"Kamala Harris aboga por censurar X en Estados Unidos al estilo de Brasil si es elegida presidenta en noviembre”. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sofia Ahmed • September 6, 2024 * ![](\\" ![](\\" Kamala Harris stated on August 28, 2024 in an ad: Project 2025 would defund K-12 schools. ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Samantha Putterman • September 6, 2024 * ![](\\" ![](\\" Viral image stated on September 4, 2024 in an Instagram post: “The entire family of Kamala Harris’ running mate, Tim Walz—they are all supporting Donald Trump.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 6, 2024 * ![](\\" ![](\\" Josh Stein stated on September 5, 2024 in a press release: “Mark Robinson skips Board of Education vote on teacher bonuses to hold campaign event.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Paul Specht • September 6, 2024 * ![](\\" ![](\\" Viral image stated on September 4, 2024 in an Instagram post: An image shows the social media profile of the accused suspect in the Apalachee High School shooting. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • September 5, 2024 * ![](\\" ![](\\" Social Media stated on August 31, 2024 in a post: McDonald’s “said they have no record whatsoever of Kamala Harris ever working at any of their locations.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Sara Swann • September 5, 2024 Load more ### Support independent fact-checking. 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The First Amendment’s the First Amendment It goes start to finish We can’t say to one football coach you’re fired if you kneel in silent prayer at the end of the game but to a player if you kneel in protest to a game you’re celebrated