"Now isn't that prohibiting the free exercise of religion when atheists try to stop a prayer before a football game? " As the saying goes, "Your right to wildly flail your arms ends where my nose begins." The atheist is NOT prohibiting the free exercise of religion. The atheist is not the state. The state is the one who is infringing on the atheist's right to NOT have a state actor (or someone acting under color of state authority) tell him to "bow your head and prayer for Jesus' blessing."