Since Foxx is not an elected official and was not speaking on behalf of the state I would have to say this does not violate the COTUS in any way shape or form.

Given that Foxx is a comedian I would bet there was more too this than the 30 second clip I was able to find showing his comment. If Foxx actually meant what he said he is an idiot along with all the other religious nut jobs out there.

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- With out god, life is everything.
- God is an ever receding pocket of scientific ignorance that's getting smaller and smaller as time moves on..." Neil DeGrasse Tyson
- You can pray for me, I'll think for you.
- When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.