Daily Caller
Freedom Of Speech Versus Preferred Pronouns? It May Go To The Supreme Court
![](https://www.todayville.com/wp-content/uploads/2025/01/tvrd-dc-public-high-school-students-image-2025-01-04.jpeg)
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.
Daily Caller
Notorious Routes For Smuggling And Illegal Immigration Suddenly Grow Silent With Trump’s Return
![](https://www.todayville.com/wp-content/uploads/2024/11/tvrd-dc-border-wall-us-mexico-illegal-immigration-image-2024-11-18.jpeg)
From the Daily Caller News Foundation
By Jason Hopkins
From the treacherous Panamanian jungle to the Texas-Mexico border, pipelines into the U.S. frequented by hundreds of thousands of migrants have suddenly gone quiet — just as President Donald Trump returns to office.
Immigration enforcement officials at both the U.S.-Mexico border and abroad are reporting incredible drops in illegal migrant encounters in just the past few weeks. This downward trend is largely being credited to Trump’s return to the White House and the initiatives he has put into place shoring up border security, leaving many would-be migrants to not even bother with an unlawful entry attempt.
The passage of illegal migrants through the Darien Gap, a jungle region in-between Panama and Colombia, dropped 94% in January compared to the same month last year, according to data released by Panama’s National Migration Service. A total of 34,839 illegal migrants crossed the Darien Gap in January 2024, with that number falling to just 2,158 last month when Trump returned to the White House.
“I would say that people are less inclined to go through the Darien when they know very well that they’re going to end up shipped back home,” Allan Baitel, a life-long Panamanian citizen, said to the Daily Caller News Foundation. “So the carrot has disappeared, and there’s no reason for them to head north.”
The Darien Gap — a vast jungle region stretching roughly 40 miles wide and 100 long between Panama and Colombia — was a paramount transit area for illegal migrants headed for the United States during the height of the border crisis under President Joe Biden. More than half a million migrants crossed the Darien Gap on their northward journey in 2023, which was also the highest year in history for unlawful migrant encounters at the U.S.-Mexico border.
Thick jungles and the presence of organized crime have historically made the Darien difficult to police. While a majority of those crossing the region have been Latin Americans such as Venezuelans and Ecuadorians, many African and Asian migrants have also utilized the routes to unlawfully make their way to the U.S.
The organized crime syndicates smuggling migrants across the Darien all the way to the U.S southern border have made billions in the process, with smugglers pulling in as much as $14 million per day.
Venezuelan nationals had made up the vast bulk of migrants trekking across the Darien, armed with the knowledge that the Venezuelan government was refusing to accept deportation flights from the U.S. However, the prospect of repatriation for these migrants became all the more real when the Trump administration successfully pushed Caracas into once-again accepting repatriated Venezuelans.
The drop in foot traffic out of the Darien coincided with a visit Secretary of State Marco Rubio made to Panama where he secured a major infrastructure deal with President Raul Mulino that ultimately reduces Chinese influence in the region.
Mulino was elected into office in 2024 on the promise to cut migration through his country. He has since entered into an agreement with the U.S. to help repatriate the illegal migrants caught by Panamanian authorities.
“He’s always been pro-U.S.,” Surse Pierpoint, a third-generation Panamanian, said to the DCNF about Mulino. “And the fact that Marco Rubio’s first trip down here was the administration staking a claim that ‘this is Monroe Doctrine 2.0 stay out of our neighborhood’ — Marco Rubio came to state it explicitly.”
Rubio was on the tarmac in Panama City Monday and observed a deportation flight of Colombian nationals who had been stopped by Panamanian law enforcement. Such repatriation flights, the State Department argued, acts as a major deterrence for other would-be illegal migrants.
The January drop in crossings at the Darien coincide with drops in illegal migrant encounters along the U.S.-Mexico border. Border Patrol Chief Mike Banks on Jan. 29 reported a 55% drop in migrant apprehensions from the prior week.
“This trend indicates that our enhanced border security measures produce results,” Banks said of the sharp decline. “With more boots on the ground, we’re making a substantial impact to the security of our borders.”
The Texas Department of Public Safety (DPS) is also confirming consistent drops in migrant encounters along the southern border, reporting a total of 446 illegal crossings on Monday. To put that number into perspective, there were over 12,600 unlawful border crossings in one single day in December 2023.
In Biden’s final full month in office, daily encounters at the U.S.-Mexico border averaged roughly 1,520 a day, according to Customs and Border Protection (CBP) data.
Once-major sectors for illegal migration have seen activity drop to near zero. Border Patrol agents reported roughly 1,800 daily average crossings in the El Paso Border Patrol sector December 2023. On Monday, that figure stood at just 98 encounters. Similar drops are being reported in the Rio Grande Valley, Big Bend and every other major sector along the U.S.-Mexico border.
“The State of Texas has experienced a decrease in illegal border crossings,” Chris Olivarez, a DPS spokesperson, said to the DCNF. “In January 2024, Texas decreased illegal border crossings by 85%.”
“This is in large part due to Governor Abbott’s Operation Lone Star border mission which involves the deployment of Texas National Guard Soldiers and DPS personnel committed to constructing infrastructure along the Texas / Mexico border and interior enforcement targeting criminal smugglers, transnational criminal gangs, and criminal illegal immigrants,” Olivarez continued. “The combination of Texas’ border mission and the federal government’s implementation of stricter immigration policies and interior enforcement at the federal level, the number of illegal border crossings decreased significantly to below 500 for the entire southwest border which includes Texas, Arizona, and California.”
Since re-entering office, Trump has implemented numerous reforms and initiatives aimed at bolstering border security and establishing an infrastructure to quickly detain and deport illegal migrants residing in the country. The administration has deployed troops to the border, deputized agents across numerous federal agencies with immigration enforcement authorities and secured a massive number of detention space outside of the country.
In addition to militarizing the U.S. side of the border, Trump successfully wielded the threat of tariffs to coerce Mexican President Claudia Sheinbaum into deploying 10,000 members of her own national guard to bolster border security efforts. A nearly similar victory was made at the northern border, where Canadian Prime Minister Justin Trudeau agreed to beef up border security to avoid sweeping tariffs on his country’s exports.
Under the auspices of the U.S.-Canada deal, Prime Minister Justin Trudeau’s government agreed to launch completely novel initiatives to tackle border security, such as the appointment of a fentanyl czar, the designation of cartels as terrorists, $200 million in spending on organized crime and drugs and around-the-clock monitoring of the U.S.-Canada border.
Trump’s election victory in November — making his promise to get tough on illegal immigration all the more real — resulted in many migrants choosing to turn around instead of bothering to show up at the southern border.
“The number of people arriving at the border is less, and I think Colombia, Venezuela, realize they have to reorganize themselves, and that there’s a new sheriff in town in the United States, and things are going to change,” Baitel said.
Daily Caller
Things Are Changing Fast
![](https://www.todayville.com/wp-content/uploads/2025/01/tvrd-ls-donald-trump-image-2025-01-24.jpg)
From the Daily Caller News Foundation
By Bob Ehrlich
Less than twelve months ago, the Democrat Party’s progressive wing was in firm control of the good ol’ USA.
The cover-up of Joe Biden’s cognitive decline was in full throttle, with only periodic breaks of truth peeking out from behind the White House’s iron curtain. The four criminal cases cooked up to derail Trump’s re-election were proceeding apace, albeit with a degree of cringe, owing to the essential weaknesses and selectivity of the prosecutions.
To boot: Trump had been hit hard with a $430,000,000 civil judgment in New York. But civil cases were only about money. The thought of breaking and jailing DJT was the accelerant for the “Stop Trump” chorus.
Around the country, DEI reigned supreme in corporate C-Suites. Migrants continued to pour over the border. The DOJ’s speech control ops were operational and (mostly) under the radar.
And, with few exceptions, the gender-bending initiative that has placed biological men in women’s athletic contests (and women’s locker rooms) had successfully shamed most (but thankfully not all) female athletes into silence.
And then the whole progressivism gig suddenly spiraled out of control.
A brutal performance at the first (and only) Biden face-to-face with Mr. Trump ended the mental acuity charade. A vice president with the lowest approval numbers in vice presidential polling history was hastily installed by Democrat elders, to the consternation of many party faithful.
The two state prosecutions began to sputter from both ethical issues (Georgia) and perceived political bias (New York). The extent of the (forced) cooperation between Biden’s agencies and social media platforms (focused on fading pro-Trump narratives) was exposed.
And then Harris chose the uber progressive Tim Walz to be her running mate, rather than the attractive high polling, swing state Pennsylvania governor Josh Shapiro — one of many strategic blunders committed by her campaign.
Nov. 5, 2024 was of course the inflection point — now followed by daily headlines reflecting the remarkable economic-cultural-and foreign policy 180s taking place at blinding speed.
On immigration, daily raids now take down the “worst of the worst” criminal aliens from our streets, to protests from hard left politicians, Hollywood actors, and media wokesters.
On the economy, a renewal of Trump’s original tax cuts and the return of “drill baby, drill” plus no new taxes on tips, overtime, and Social Security benefits will feed supply side fans while the Department of Government Efficiency (DOGE) focuses on fraud, waste, abuse, and redundancy to increase efficiency and achieve savings for a broken, debt-ridden federal budget.
On culture, the counter-revolution is rolling.
Not a day goes by without some large corporation announcing a pull back on DEI and/or ESG. Now Mark Zuckerberg and META are fully invested in the restoration of free speech on social media, even down to parroting X’s “Community Notes” rather than censoring edgy or controversial speech.
To boot: One cannot watch a college or NFL football game without players (winners and losers) openly professing their faith out loud and proud. Geez, even the woke NFL is newly enthused about patriotism and the people in uniform that protect us from the bad guys.
And then there are the devastating California wildfires at once horrific, and instructive. Horrific for familiar reasons: loss of life; loss of homes; loss of communities. An unmitigated disaster of historic proportions.
But also instructive as Americans (again) gain an up-close look into the failure of a woke left coast leadership that prioritizes progressive values over preparedness, and sound water and forestry practices.
Twelve short months later, America is back to two genders…“Stay in Mexico”… a southern border …”1776”… parent power …“maximum pressure” … presidential press conferences …the lab leak theory … even Diet Coke and “YMCA.” Don’t blink.
Bob Ehrlich is a former governor of Maryland, member of Congress and state legislator. He is the author of five books on American politics and opinion pieces that have appeared in America’s leading newspapers and periodicals. He and his wife, Kendel, can be seen and heard on their weekly podcast, “Bottom Line with Bob & Kendel Ehrlich.”
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