While America’s Freedom Festival in Provo officially began Thursday with a day of prayer, the festival’s annual return is most felt with Hope of America. The three-day event brings together hundreds of elementary-ages students from Utah County and beyond to perform in a thousands-strong chorus singing patriotic tunes.

In 2023, like years past, the children will be present and ready to sing on Tuesday night. As they have done before, the national Freedom from Religion Foundation released a letter last week decrying the use of public school time and attention prepare for the festival, which they call a “religious concert.”

Lawyers for the Freedom Festival disagree and will continue the event as planned. Bill Fillmore, an attorney representing the Freedom Festival, sent a letter to FFRF on Friday in response to the complaint. While he and his law firm, Fillmore Spencer, only represent the festival, the letter stated it was sent with the approval of the “Superintendents and legal counsel for each of the Provo School District, Nebo School District and Alpine School District.”

In its initial complaint, FFRF questioned the use of school time to prepare for the festival due to the “overtly Christian prayer” opening 2022’s event and religious overtones in several pieces of music, along with the event’s location. Hope of America is traditionally held at the Marriott Center on Brigham Young University’s campus.

The location complaint was disputed due to logistics — the location has nothing to do with the university’s affiliation with The Church of Jesus Christ of Latter-day Saints, Fillmore wrote, but because it’s the only facility in the county large enough for the expected attendance.

In response to FFRF’s other complaints, lawyers argued that references to God in songs are “incidental” and that participating students “do so voluntarily and pursuant to written parental consents.”

Lawyers also responded to what they call “blatant misrepresentations” by the group, including reemphasizing the assertion that teachers and students participate voluntarily and that “Although some school resources may be involved, it is dishonest to misrepresent that ‘a vast amount of public school resources’ are spent annually in preparation for HOA.”

Disagreements continue over Supreme Court precedent regarding public acknowledgments of religion in society. FFRF cites a series of cases including School District of Abington Township, Pennsylvania v. Schempp, which ruled mandatory Bible readings in school unconstitutional, and Santa Fe Independent School District v. Doe, which ruled a policy allowing student-delivered prayers violated the Establishment Clause of the First Amendment.

Fillmore responded that the group’s citations applied to in-school and school-sponsored events, as opposed to “a public school’s ability to facilitate or participate in community events that themselves involve prayer or other religious expression.”

In turn, they cite recent cases Kennedy v. Bremerton School District, allowing a high school football coach to lead Christian prayers after games, and The American Legion v. American Humanist Association, allowing Christian crosses to be placed in public spaces.

FFRF has taken umbrage with the Freedom Festival over the event in recent years. Jim Evans, executive director of America’s Freedom Festival, told the Daily Herald last week the group was “looking at our previous responses in prior years” to see if updates were necessary to their response. In addition to seeking that the Freedom From Religion Foundation “immediately cease and desist hereafter from any such recklessly false and defamatory public statements,” the lawyers threatened potential future recourse.

“If it becomes necessary, FFRF will be held accountable for any damages suffered and all attorneys’ fees incurred in enforcing or defending our rights under the First Amendment,” the letter reads.

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