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Daily Caller

Freedom Of Speech Versus Preferred Pronouns? It May Go To The Supreme Court

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From the Daily Caller News Foundation

By Frank Ricci

In the United States, where freedom of speech is not just a privilege but rather the cornerstone of our constitutional democracy, our First Amendment rights are at stake in Parents Defending Education v. Olentangy Local School District Board of Education.

In July, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit held that an Ohio school district could enact a code of conduct requiring students to refer to one another based on self-defined gender identity –– i.e., mandating the use of “preferred pronouns.” The ruling effectively compels speech from school-aged children that may contradict deeply held beliefs about biological sex. The Olentangy Local School District’s policy must be struck down.

Thankfully, not all bad decisions stick. Two weeks ago, the Sixth Circuit agreed to rehear the case en banc, a signal that a majority of the circuit’s judges may wish to reconsider the panel’s earlier July ruling. Regardless of the outcome, the loser is likely to file for review before the Supreme Court in the 2026 Term.

The stakes are high as the Sixth Circuit prepares to rule on a case that tees up yet another hot-button debate about pronoun policiesparental rightsreligious liberty, and free speech in public schools.

This case is about more than policy. It encompasses the very essence of what it means to be free in thought and expression, particularly in our educational institutions.

The Olentangy Local School District has enacted rules seeking to dictate how students refer to one another based on self-defined gender identity, effectively compelling speech that may contradict deeply held beliefs about biological sex.

This is more than administrative overreach; it is an assault on students’ First Amendment rights to express their views on sex and gender without fear of coercion or reprisal.

That is why Yankee Institute has joined an amicus brief filed by Advancing American Freedom (AAF) to challenge this unconstitutional intrusion on free speech.

Those imposing such policies often argue that they create a psychologically “safe” environment for all students. But perceived “safety” for some should not come at the expense of freedom for all. The policy at issue does not limit itself to the constitutionally permissible goal of preventing harassment; instead, it imposes a new linguistic (and social) orthodoxy to which students must conform or else be punished.

As George Orwell warned, those who can control language can manipulate thought. The left understands this principle well, as demonstrated in Orwell’s novel “1984,” where Newspeak was enforced to narrow the population’s range of thought.

Such manipulation is not the role of public schools. Schools are supposed to be forums for debate, not indoctrination centers where only one viewpoint is tolerated. Unfortunately, all too often, they have become ground zero for identity politics, with teachers’ unions imposing their ideological agendas rather than providing the real skills our children need.

When a district like Olentangy decides to punish students for expressing beliefs about the immutability of sex, viewpoint discrimination is clearly at play. This is antithetical to the principles laid out by the Supreme Court in cases like Tinker v. Des Moines, where it affirmed that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

What is more, the policy’s enforcement could lead to a chilling effect on speech, where students would self-censor rather than risk punishment for using language that aligns with their personal beliefs.

This is not just about pronouns; it is about the broader implications for educating youth on tolerance, diversity and the respectful expression of differing opinions.

Olentangy’s policy fails to meet the stringent requirements set forth by the Supreme Court’s precedent on content-based restrictions. The evidence cited by the school district to justify these restrictions — newspaper stories, law review articles and therapist quotes — lacks the substantial proof of disruption necessary to override First Amendment protections.

As seen in Mahanoy Area School District v. B. L., discomfort or upset among students, without more, does not constitute the “substantial disorder” needed to justify speech restrictions.

If school administrators are handed the power to regulate speech, we are teaching our children — and society at large — that we value conformity over individual conscience. This case isn’t about protecting a minority from perceived offense; it is about safeguarding the rights of all students to freedom of speech and conscience, even (or especially!) when it is unpopular or contravenes current cultural trends.

It is time to remind our schools that they exist to maintain the spirit of free inquiry, not to enforce a singular, forced narrative on identity. Let’s ensure that American schools remain places where students can debate, learn and grow into informed citizens who cherish liberty over compelled conformity.

As Emily Dickenson stated: “Truth is such a rare thing, it is delightful to tell it.”

For the sake of our nation’s future, we must protect each individual’s freedom to speak truth as he or she sees it.

Frank Ricci is a Fellow at Yankee Institute and was the lead plaintiff in the landmark Supreme Court case Ricci v Destefano. He retired as a Battalion Chief in New Haven CT. He has testified before Congress and is the author of the book, Command Presence.

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Daily Caller EXCLUSIVE: Trump’s Broad Ban On Risky Gain-Of-Function Research Nears Completion

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From the Daily Caller News Foundation

By Emily Kopp

President Donald Trump could sign a sweeping executive order banning gain-of-function research — research that makes viruses more dangerous in the lab — as soon as May 6, according to a source who has worked with the National Security Council on the issue.

The executive order will take a broad strokes approach, banning research amplifying the infectivity or pathogenicity of any virulent and replicable pathogen, according to the source, who requested anonymity to speak candidly about the anticipated executive action. But significant unresolved issues remain, according to the source, including whether violators will be subject to criminal penalties as bioweaponeers.

The executive order is being steered by Gerald Parker, head of the White House Office of Pandemic Preparedness and Response Policy, which has been incorporated into the NSC. Parker did not respond to requests for comment.

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In the process of drafting the executive order, Parker has frozen out the federal agencies that have for years championed gain-of-function research and staved off regulation — chiefly Anthony Fauci’s former institute, the National Institute of Allergy and Infectious Diseases at the National Institutes of Health.

The latest policy guidance on gain-of-function research, unveiled under the Biden administration in 2024, was previously expected to go into effect May 6. According to a March 25 letter cosigned by the American Society for Microbiology, the Association for Biosafety and Biosecurity International, and Council on Governmental Relations, organizations that conduct pathogen research have not received direction from the NIH on that guidance — suggesting the executive order would supersede the May 6 deadline.

The 2024 guidance altered the scope of experiments subject to more rigorous review, but charged researchers, universities and funding agencies like NIH with its implementation, which critics say disincentivizes reporting. Many scientists say that researchers and NIH should not be the primary entities conducting cost–benefit analyses of pandemic virus studies. 

Parker previously served as the head of the National Science Advisory Board for Biosecurity (NSABB), a group of outside experts that advises NIH on biosecurity matters, and in that role recommended that Congress stand up a new government agency to advise on gain-of-function research. Former Centers for Disease Control and Prevention Director Robert Redfield has also endorsed moving gain-of-function research decision making out of the NIH to an independent commission.

“Given the well documented lapses in the NIH review process, policymakers should … remove final approval of any gain-of function research grants from NIH,” Redfield said in a February op-ed.

It remains to be seen whether the executive order will articulate carveouts for gain-of-function research without risks of harm such as research on non-replicative pseudoviruses, which can be used to study viral evolution without generating pandemic viruses.

It also remains to be seen whether the executive order will define “gain-of-function research” tightly enough to stand up to legal scrutiny should a violator be charged with a crime.

Risky research on coronaviruses funded by the NIH at the Wuhan Institute of Virology through the U.S. nonprofit EcoHealth Alliance typifies the loopholes in NIH’s existing regulatory framework, some biosecurity experts say.

Documents obtained through the Freedom of Information Act in 2023 indicated that EcoHealth Alliance President Peter Daszak submitted a proposal to the Pentagon in 2018 called “DEFUSE” describing gain-of-function experiments on viruses similar to SARS-CoV-2 but downplayed to his intended funder the fact that many of the tests would occur in Wuhan, China.

Daszak and EcoHealth were both debarred from federal funding in January 2025 but have faced no criminal charges.

“I don’t know that criminal penalties are necessary. But we do need more sticks in biosafety as well as carrots,” said a biosecurity expert who requested anonymity to avoid retribution from his employer for weighing in on the expected policy. “For instance, biosafety should be a part of tenure review and whether you get funding for future work.”

Some experts say that it is likely that the COVID-19 crisis was a lab-generated pandemic, and that without major policy changes it might not be the last one.

“Gain-of-function research on potential pandemic pathogens caused the COVID-19 pandemic, killing 20 million and costing $25 trillion,” said Richard Ebright, a Rutgers University microbiologist and longtime critic of high-risk virology, to the Daily Caller News Foundation. “If not stopped, gain-of-function research on potential pandemic pathogens likely will cause future lab-generated pandemics.”

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Daily Caller

DOJ Releases Dossier Of Deported Maryland Man’s Alleged MS-13 Gang Ties

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From the Daily Caller News Foundation

By Katelynn Richardson

The Department of Justice (DOJ) released documents Wednesday demonstrating Kilmar Armando Abrego Garcia’s membership in the MS-13 gang.

Abrego Garcia’s police interview, immigration court rulings and Department of Homeland Security (DHS) deportable/inadmissible alien record highlighting his membership in the gang, which he has disputed in court, are included in the release.

In a December 2019 decision, the Board of Immigration Appeals dismissed Abrego Garcia’s challenge to an immigration judge’s factual finding that he is “a verified member of MS-13.”

The board found the immigration judge “appropriately considered allegations of gang affiliation against the respondent in determining that he has not demonstrated that he is not a danger to property or persons.”

Officers found Abrego Garcia loitering in a Home Depot parking lot on March 28, 2019, wearing “a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations,” the initial Prince George’s County Police Department Gang Field Interview Sheet states.

“Wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13,” the document states. “Officers contacted a past proven and reliable source of information, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with the Westerns clique. The confidential source further advised that he is the rank of ‘Chequeo’ with the moniker of ‘Chele.’”

The administration became embroiled in a legal dispute after Abrego Garcia, who entered the country illegally in 2011, was deported in March to El Salvador as a result of an error. In court records, they argued Abrego Garcia could not “relitigate the finding that he is a danger to the community.”

A lower court ordered his return, but the Supreme Court required it to clarify the order and directed the administration to “facilitate” Abrego Garcia’s release.

The Department of Justice (DOJ) indicated Wednesday that it would appeal the amended order Judge Paula Xinis issued which directed the government to “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”

During a Monday meeting with President Donald Trump, El Salvadoran President Nayib Bukele said he would not “smuggle” a terrorist into the U.S.

The Department of Homeland Security (DHS) also released court filings Wednesday showing Abrego Garcia’s wife requested a domestic violence restraining order against him.

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