Using etale cohomology, we define a birational invariant for varieties in characteristic $p$ that serves as an obstruction to uniruledness - a variant on an obstruction to unirationality due to Ekedahl. We apply this to $\overline{M}_{1,n}$ and show that $\overline{M}_{1,n}$ is not uniruled in characteristic $p$ as long as $n \geq p \geq 11$. To do this, we use Deligne's description of the etale cohomology of $\overline{M}_{1,n}$ and apply the theory of congruences between modular forms.

Comment: 10 pages, published version