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Texas judges issue additional rulings blocking Title IX revisions

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Texas Attorney General Ken Paxton

From The Center Square

Rule change blocked in 15 states

Two federal judges have ruled in favor of Texas and Texas plaintiffs in separate lawsuits filed to block a Biden administration Title IX rule change from going into effect.

Texas is now the 15th state where the revisions are blocked from going into effect ahead of an Aug. 1 deadline.

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas Amarillo Division on Friday granted the state’s request in a lawsuit filed by the state and two University of Texas at Austin professors. Kacsmaryk enjoined the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action any manner to enforce” a new rule that revised Title IX pending the resolution of the case.

“The Final Rule inverts the text, history and tradition of Title IX: the statute protects women in spaces historically reserved to men; the Final Rule inserts men into spaces reserved to women,” Kacsmaryk said in his 32-page ruling.

In response, Texas Attorney General Ken Paxton, said, “Texas has successfully blocked Biden’s Department of Education from destroying Title IX protections for women and forcing radical ‘transgender’ ideology on Texas schools. Biden’s rule would have forced our schools to accommodate biological men on women’s sports teams and in female bathrooms, showers, and locker rooms, and required students and teachers to use incorrect pronouns. A federal judge has halted Biden’s rule pending a final ruling. It’s an honor to defend our State from Biden’s unlawful subversion of Title IX.”

Also on Friday, U.S. District Judge Reed O’Connor issued a preliminary injunction against the rule in favor of Carroll Independent School District. In May, the district’s board of trustees, represented by Alliance Defending Freedom, passed a resolution denouncing the Title IX changes and sued asking the court to block it from going into effect.

Also in May, Texas Gov. Greg Abbott instructed the Texas Education Agency and Texas colleges and universities not to comply with the changes, The Center Square reported. In the last two legislative sessions, Abbott signed bills into law to strengthen student safety and “protect the integrity of women’s sports by prohibiting men from competing against female athletes.” Abbott said, “I will not let President Biden erase the advancements Texas has made.”

Judge O’Connor said in his ruling, “The compliance costs also go beyond monetary harm given the potential to infringe on constitutional rights. Privileging gender identity over biological sex is in no way authorized by the statutory text. And the consequences based on this statutory distortion appear limitless. For these reasons, and those stated by other federal courts, Carroll ISD is likely to succeed on the merits of their challenge to the final rule.”

The rulings were issued after O’Connor in June vacated a guidance issued by the DOE and the Department of Justice requiring schools to implement similar policies to the rule change before it was finalized. He also issued a permanent injunction against its enforcement in Texas, The Center Square reported.

Texas sued in June 2023 over the agencies’ mandates; the agencies are responsible for administering and enforcing Title IX.

At issue is Title IX, part of the Education Amendments Act of 1972, which states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The law was enacted at a time when women and girls had limited athletic opportunities. Despite widespread opposition, including from women’s groups, the Biden administration began amending Title IX through several methods, arguing doing so would “advance educational equity and opportunity for women and girls across the country.”

It’s guidances and rule changes redefine biological sex to include “sexual orientation” and “gender identity.”

In response, 18 AGs argued the changes “demolished” women’s and girls’ rights, “making a mockery of Title IX’s fundamental organization principle – basic biology.”

After the Biden administration finalized the rule, multiple states sued. Texas sued on its own. Louisiana, Mississippi, Montana and Idaho filed a lawsuit. Alaska, Kansas, Utah and Wyoming filed another. Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia filed a separate lawsuit. Alabama, Florida, Georgia and South Carolina filed another.

So far, federal judges have ruled against the Biden administration.

In June, Louisiana, U.S. District Judge Terry Doughty was the first to rule against the administration, blocking the administration’s changes from going into effect in Louisiana, Mississippi, Montana and Idaho.

O’Connor also ruled against the agency Title IX mandates in June.

In Kansas, U.S. District Judge Danny Reeves blocked the rule change from going into effect in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia.

Then in July, in Kansas, District Judge John Broomes ruled against the administration, blocking the changes from going into effect in Alaska, Kansas, Utah and Wyoming. And Judge Kacsmaryk blocked the rule from going into effect in Texas.

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espionage

Breaking: CSIS warned Health Canada of “insider threat” from Wuhan Institute-tied scientist Dr. Qiu Seven Months Before Lethal Ebola Shipped to China

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Sam Cooper 

@samthebureau

In an explosive admission, Parliament’s Canada-China Committee has confirmed that Canada’s spy agency, CSIS, issued a direct and unheeded warning to senior health officials in August 2018, raising concerns about “insider threat activities” linked to Dr. Xiangguo Qiu and her husband, Keding Cheng.

This alert, delivered seven months before the couple’s network—with connections to the highest levels of Chinese biological weapons research—coordinated the shipment of live Ebola and Henipah virus samples from Canada’s high-security National Microbiology Laboratory (NML) to the Wuhan Institute of Virology (WIV), highlighted risks posed by their continued access to sensitive materials.

“CSIS held a briefing for personnel responsible for security at [Public Health Canada],” in August 2018 that “focused on foreign interference and included possible indicators of insider threat activities, as well as other security risks,” according to CSIS’s submission to the Committee. In CSIS’s presentation, “student programs were identified as being one of these possible threat vectors,” prompting “[Public Health Canada] to flag two scientists to CSIS, Dr. Cheng and Dr. Qiu,” the Committee report, released Tuesday, states.

Despite these explicit warnings, no immediate restrictions were placed on Qiu, Cheng, or their Chinese students’ access to Canada’s sensitive research materials. In December 2018, Public Health Canada authorized a fact-finding investigation into the concerns, but the delayed response effectively allowed them to continue their operations, further endangering Canada’s security.

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The Committee report also finds—like the ongoing Hogue Commission—that Justin Trudeau’s government, including senior bureaucrats and ministers, showed a reluctance to act on or even acknowledge urgent alerts from CSIS, exposing a stark divide between CSIS’s view of Chinese threats and Trudeau’s.

Dr. Qiu’s associations with China’s military and scientific programs had deep roots. She began her work at the Winnipeg NML in 2003, followed by her husband’s employment there in 2006.

As early as 2013, Keding Cheng filled out an application for the PRC’s “Science and Technology Innovation Talent Program of Henan Province,” requiring applicants to “passionately love the socialist motherland [PRC]” and maintain Chinese citizenship.

By 2016, Dr. Qiu was nominated for an award by a senior military official from the Chinese Academy of Military Medical Sciences, recognizing her collaborations with Major-General Chen Wei, a leading figure in China’s biological weapons research. CSIS investigations revealed that Dr. Qiu and Major-General Chen collaborated on multiple research projects dating back to 2012.

Dr. Qiu’s use of Canada’s facilities to benefit China was well recognized in Beijing. An award nomination for Dr. Qiu noted that she “used Canada’s Level 4 Biosecurity Laboratory as a base to assist China to improve its capability to fight highly pathogenic pathogens … and achieved brilliant results.”

In October 2016, Dr. Qiu co-authored a paper with Major-General Chen and other scientists affiliated with the Chinese Academy of Military Medical Sciences, further deepening her connection to Chinese military research. By this time, Qiu had also been recruited into China’s Thousand Talents Program—a PRC initiative aimed at harnessing international scientific expertise—and these affiliations, conspicuously absent from her Canadian curriculum vitae, made her a person of interest to CSIS, especially as her work increasingly intersected with China’s biosecurity research.

Concerns over Qiu and Cheng’s activities continued to mount at the NML. In October 2018, Cheng, accompanied by a restricted visitor, attempted to exit the lab with two Styrofoam containers, claiming they were empty. By January 2019, Cheng breached security again by using another employee’s passcode to enter the NML.

On March 23, 2019, Public Health Canada received its fact-finding report, which advised administrative investigations into Qiu and Cheng. Yet, only days later, on March 31, live samples of Ebola and Henipah viruses were shipped from the NML to the WIV, highlighting critical lapses in Canada’s security protocols.

In response to these revelations, the Committee’s report outlines recommendations to safeguard Canada’s scientific resources from similar threats in the future. Chief among these is a call for the Government of Canada to immediately terminate all research collaboration with PRC-affiliated entities in sensitive fields, such as artificial intelligence, aerospace, and advanced digital infrastructure.

A key recommendation is to designate the Wuhan Institute of Virology and the Thousand Talents Program as Named Research Organizations under Public Safety Canada, subjecting them to enhanced scrutiny and restricted partnerships due to their potential security risks. Furthermore, the Committee suggests that Canada explore constitutionally compliant legal measures to prevent individuals under national security investigation from leaving the country. Despite RCMP investigations, the couple was able to leave Canada.

As investigations mounted, irregularities in the WIV shipment were noticed, and it was only in January 2021 that Public Health Canada terminated the couple’s employment. Nathalie Drouin, Deputy Clerk of the Privy Council, acknowledged with evident understatement, “it is a timeline that needs to be looked at.” However, Richard Fadden, the director of CSIS from 2009 to 2013, testified that the timeline “was too long” and the viral shipment to WIV “should not have happened.”

In his opinion, the incident at the Winnipeg NML revealed a deep cultural issue long present in Canada’s federal administration. “I don’t think the culture in this particular lab and in large parts of the public service had caught up with the change in facts as we understand China,” Fadden said. His comments emphasize a notable gap between CSIS’s understanding of the Chinese threat and that of Trudeau’s administration.

“This gap in the understanding of risk between national security and science sectors at the federal level, particularly with regard to the threat to Canadian interests posed by actions of the Chinese Communist Party (CCP), was illustrated in testimony before the Special Committee,” the report says.

On one hand, Minister of Health Mark Holland noted that “countries such as China are implicating themselves in our domestic processes in a way that would have been unimaginable just five years ago” and are “potentially willing, in this instance, to use pathogens that threaten humanity in order to advance their geopolitical agenda.” But Fadden pointed out that “CSIS was already aware of concerns about the PRC’s actions,” noting that since Xi Jinping’s rise to power in 2013, the institutionalization of espionage and interference techniques by the CCP has intensified.

Adding to these concerns is the Trudeau government’s controversial denial of access to related records, noted by the report, raising questions of transparency and whether there may have been a cover-up of key details surrounding the case.

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Censorship Industrial Complex

Freedom of speech tops list of concerns for Americans

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From The Center Square

By

“Republicans trust Republicans to protect their speech, and Democrats trust Democrats. But the true test of commitment to free speech is whether politicians protect dissenting speech. No matter who’s in charge”

Freedom of speech is a critical issue for most Americans, over crime, immigration, and health care, a new poll says.

Despite bipartisan agreement on its importance, there is disagreement on who will safeguard our First Amendment rights – a question the outcome of the presidential election may soon answer.

A new poll from the Foundation for Individual Rights and Expression, or FIRE, conducted by NORC at the University of Chicago finds a majority of Americans rate free speech as very important to their vote in 2024, second only to inflation.

When asked about a host of issues in context with the upcoming election, 1,022 Americans were most concerned with inflation – 68% said increasing costs were “very important,” with 91% calling it at least “somewhat important.”

Free speech followed, with 63% saying it was “very important” and 90% said it was at least “somewhat important.”

“Higher prices might be the top concern for Americans, but a very close second is the increasing cost of speaking your mind,” said FIRE Research Fellow Nathan Honeycutt. “The message is clear: Americans want their free speech rights respected.”

Although at least 90% of both major parties rate it “somewhat important,” 70% of Republicans are more likely to rate it “very important,” as opposed to 60% of Democrats.

The report says Democrats and Republicans both express very low confidence the opposing party will respect their free speech – and Independents don’t trust either party to do so.

It also states that Republicans were more likely to respond that they were somewhat concerned about their ability to speak less freely today than they were four years ago.

“Republicans trust Republicans to protect their speech, and Democrats trust Democrats,” said FIRE’s Chief Research Advisor Sean Stevens. “But the true test of commitment to free speech is whether politicians protect dissenting speech. No matter who’s in charge, FIRE will be there to keep them honest.”

The organization’s Senior Program Officer Marcus Maldonado told The Center Square that it was pleased to partner with the National Constitution Center and First Amendment Watch at NYU to bring the First Amendment Summit back to Philadelphia for the second year in a row.

“Featuring a keynote conversation about global free speech with Jason Rezaian of The Washington Post and panel discussions about free speech online and on campus, the National First Amendment Summit presented the public with a vigorous discussion of the state of free speech in America and around the globe,” he said.

Jonathan Turley, another panelist and author of The Indispensable Right: Free Speech in an Age of Rage, said since the beginning of the republic, every generation believes they have some existential threat that allows them to silence their neighbors.

He added that technology and social media have created new free speech challenges, was critical of how Twitter and Facebook have restricted free speech and does not believe in trade-offs made to prevent “disinformation.”

Even though the technology is new, he said, “it takes a lot to get a free people to give up freedom. Since the beginning, fear and anger have caused rage rhetoric, which becomes an excuse for every government to crack down. And the question is whether each generation is willing to give up that part of their freedom.”

Turley asserted that “this is the most dangerous anti-free speech period in our history, because we’ve never seen an alliance with the government, media, academia, and corporations” like this one.”

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