I don't see any such confusion in Brian's comments. The application of the "no establishment" clause to incidents of teacher or coach proselytizing at school events has been repeatedly upheld at all levels of the judicial branch. And that has nothing to do with the reason for these silent protests. Further, Tebow taking a knee isn't illegal, and has nothing to do with his relative failure in the NFL- he just wasn't that good. Praying before games in the pro's is fine, no problem.