Daily Caller
Freedom Of Speech Versus Preferred Pronouns? It May Go To The Supreme Court
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 policies, parental rights, religious 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.
From the Daily Caller News Foundation
By Newt Gingrich
In an amazing show of courage, Vice President J.D. Vance offered an intervention for some of our European allies.
That is the best way to think of the two historic speeches he made in France and Germany last week.
In Paris, Vice President Vance pledged the United States would do whatever it takes to lead the world in the development of Artificial Intelligence. He went on to assert that Europe’s automatic response to regulate technological change rather than adapt to it was doomed to fail.
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Vance warned the Europeans that the Trump administration would retaliate to protect American high-tech companies from being fined and regulated by the European community.
Then, Vance went to the Munich Security Conference. It is the annual meeting of European leaders concerned about defense and threats to peace. The Vice President shocked the Europeans by launching a frontal assault on the decay of their political system.
As Vance put it:
“But while the Trump administration is very concerned with European security and believes that we can come to a reasonable settlement between Russia and Ukraine, and we also believe that it’s important in the coming years for Europe to step up in a big way to provide for its own defense, the threat that I worry the most about vis-à-vis Europe is not Russia, it’s not China, it’s not any other external actor. And what I worry about is the threat from within, the retreat of Europe from some of its most fundamental values — values shared with the United States of America.”
He then went through a litany of specific complaints about the behavior of different European countries. They ranged from failing to control immigration, suppressing free speech, and Brussels seeking to control and define futures of independent countries such as Hungary and Romania.
The leading French newspaper, Le Monde (their equivalent of the New York Times) asserted that the American Vice President was declaring “ideological war on Europe.”
Le Monde was right. The European elites have been decaying for at least two generations. They hide behind their privileged status and take ideological positions that feel good but are destructive. Europe’s failures are devastating for most everyday Europeans.
I have personal knowledge about this. I have a Ph.D. in Modern European History – and I have lived in France, Germany, Belgium and Italy. As a young Army dependent, we were living in France when the French Army came back from Algeria, killed the French Fourth Republic and brought back General Charles de Gaulle to establish the Fifth Republic.
It is now the longest serving non-royal government in French history.
The European elites value each other’s opinions more than they value serving the people of Europe. The European elites live in a fantasy world of green policies that destroy industries and jobs, welfare policies which destroy the work ethic, and immigration policies which undermine the popular culture. They simply hope for a peaceful world without a strong military.
Meanwhile, state enforced speech codes protect Islamic extremists at the expense of local citizens.
The result has been a steady decline of European culture, economic development, and defensive capacity.
The Afghan Islamist who wounded more than two dozen people and killed a mother and her two-year-old daughter with a car two days before the supposed security conference signals the willful avoidance of reality at the heart of the elite European worldview.
To be clear, I admire European civilization. I believe America is far stronger and safer if Europe is healthy and capable of growing and defending itself.
I hope vice president Vance’s intervention at least starts European elites thinking about what must be done to revive their continent.
For more commentary from Newt Gingrich, visit Gingrich360.com. Also subscribe to the Newt’s World podcast.
From the Daily Caller News Foundation
By Mariane Angela
President Donald Trump announced Friday the dismissal of General Charles Brown, the current Chairman of the Joint Chiefs of Staff.
In a post on Truth Social, Trump expressed his gratitude toward Brown for his extensive contributions and leadership, wishing him and his family a prosperous future. Brown’s departure marks a pivotal moment in U.S. military leadership following over 40 years of service.
“I want to thank General Charles “CQ” Brown for his over 40 years of service to our country, including as our current Chairman of the Joint Chiefs of Staff. He is a fine gentleman and an outstanding leader, and I wish a great future for him and his family,” Trump wrote.
Simultaneously, Trump introduced his nominee for Brown’s successor.
“Today, I am honored to announce that I am nominating Air Force Lieutenant General Dan “Razin” Caine to be the next Chairman of the Joint Chiefs of Staff. General Caine is an accomplished pilot, national security expert, successful entrepreneur, and a “warfighter” with significant interagency and special operations experience,” Trump said.
Trump said Caine’s appointment comes after he was overlooked for advancement during former President Joe Biden’s presidency.
“General Caine was passed over for promotion by Sleepy Joe Biden. But not anymore! Alongside Secretary Pete Hegseth, General Caine and our military will restore peace through strength, put America First, and rebuild our military,” Trump said. President Trump also announced plans to appoint five additional senior military officials, tasks he has delegated to Secretary Hegseth.
It was reported Thursday that Hegseth plans to dismiss Brown as part of President Trump’s commitment to eliminate “wokeness” from the military. Brown reportedly appears on a list of proposed removals submitted to Congress.
Brown had previously expressed his wish to retain his position even after Trump took office, and according to sources speaking to NBC News in Dec. 2024, Trump seemingly moderated his views on the general. Biden nominated Brown as chairman in 2023, and despite a heated confirmation hearing where senators scrutinized his alleged implementation of racial quotas in Air Force hiring practices, he was confirmed.
Meanwhile, Brown’s replacement, Caine, took office as the associate director for Military Affairs at the CIA on Nov. 3, 2021, after serving as the director of Special Programs at the Pentagon. Lt. Gen. Dan Caine, an F-16 pilot with extensive experience including over 150 combat hours, was commissioned in 1990 and has held numerous key roles, from the White House staff to special operations, and balances his military career with entrepreneurial ventures.
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