The U.S. Court of Appeals for the Ninth Circuit refused to hear the case of a Washington state high school football coach who was punished for taking a knee at the 50-yard line for a post-game prayer.

In August a three-judge panel of the Ninth Circuit ruled the Bremerton School District was justified in suspending Coach Joe Kennedy after he took a knee and prayed silently at midfield after football games.

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“When Kennedy kneeled and prayed on the fifty-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.

First Liberty Institute attorney Mike Berry broke the news of the court’s decision Thursday on the Todd Starnes Radio Show.

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