I didn't mean to imply that I disagree with you that the First Amendment binds only the government. I am with you 100%. My point is that it is unconstitutional for a state actor (in the OP, that would be the administrators of the public school district) to require the citizenry to listed to prayers as a pre-condition to taking part in or observing a public event. THAT is the definition of unconstitutional. In fact, the plaintiff might have a good case for a civil rights action against the school district since the unconstitutionality of forced prayer is a well-settled point of law.