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

Published

5 months ago

7 minute read

 

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.

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Daily Caller

LA Anti-ICE Chaos, Clashes With Police Spreading Around America

Published on June 11, 2025

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From the Daily Caller News Foundation

By Hudson Crozier

The unrest that has consumed Los Angeles in recent days appears to be spreading elsewhere as numerous rioters outraged at immigration raids were arrested across the country on Tuesday night.

Los Angeles authorities began making “mass arrests” late Tuesday and issued a curfew following days of rioting sparked by Immigration and Customs Enforcement (ICE) arrests of illegal immigrants in the area. Businesses were seen in the process of boarding up their buildings in anticipation of possible looting, the Daily Caller News Foundation reported.

Local media outlets reported that major U.S. cities saw their own versions of Los Angeles’ chaos Tuesday night, with alleged assaults of police officers, fires, rock-throwing and other acts of violence. Protests and resulting arrests had already started to spread beyond Los Angeles as of Monday night.

Seattle

At least two people were arrested after protesters tore down American flags at a federal building in Seattle and burned them on Tuesday night, according to multiple reports. Earlier that day, Department of Homeland Security (DHS) officers were seen on video shoving back Antifa-style militants and firing crowd control munitions after the activists tried to block entrances and exits to the building, which houses an immigration court.

New York City

Eighty-six people were arrested overnight starting on Tuesday evening as protesters marched to a Manhattan immigration court and other locations, local outlet ABC7 reported. Police said people threw bottles at protesters and debris and traffic cones onto the road. Charges included assault, resisting arrest, reckless endangerment and obstructing government administration.

One exchange caught on video showed a woman pleading with protesters to let her drive past them on the road so she could go to work.

Illegal migrants “are having their children taken and their parents,” a traffic-blocking activist told the driver.

Another video posted by Sky News showed a mob trying to force its way past a wall of officers while screaming.

Denver

Protesters began gathering at the Colorado State Capitol building in Denver on Tuesday before moving off in a crowd to block traffic on two streets, Colorado Newsline reported. Police ended up in confrontations with rioters throughout the evening, arresting at least 17 on charges such as obstruction of streets, graffiti, assaulting a peace officer and unlawful throwing of projectiles, according to 9News. Police were reportedly seen throwing smoke bombs and pepper balls to disperse crowds.

Atlanta

Organizers of an anti-ICE rally in Atlanta on Tuesday night had agreed to disperse by 9 p.m., but some protesters remained and set off scuffles with police, a local Fox network reported. Rioters damaged three police squad cars by throwing rocks, police said, and threw fireworks at officers. Police used tear gas to disperse the agitators and arrested at least six.

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Crime

LA Mayor Karen Bass Makes New Demands Of Trump At Monday Night Press Conference

Published on June 10, 2025

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From the Daily Caller News Foundation

By Mariane Angela

During a Monday night press briefing, Democratic Los Angeles Mayor Karen Bass told the Trump administration to stop the Immigration and Customs Enforcement (ICE) raids in Los Angeles.

President Donald Trump deployed the National Guard to Los Angeles on Saturday after riots erupted following an ICE raid at a Home Depot. During Monday’s press briefing, Bass called for an end to the raids conducted by the Trump administration, claiming that the power to deploy troops or request assistance should lie with state and local officials, not the federal government.

“I would say stop the raids. Stop the raids, period. I would say give the power back to our governor, and if we need the National Guard, we can do it in the normal circumstances, which is the request is made local, and the governor decides, or not to, grant that to our city,” Bass said when asked what she would say to the Trump administration.

Bass reiterated her earlier stance and questioned the need for an additional military presence, given the National Guard’s current role in securing federal buildings.

WATCH:

“We didn’t need the National Guard. Why on earth? What are they going to do? Do you know what the National Guard is doing now? They are guarding two buildings,” Bass said when asked to react to the deployment of Marines.

Bass then called the deployment an unjustified and overreaching action.

“They are guarding the federal building here in downtown, and they’re guarding the federal building in Westwood. That’s what they’re doing. So they need Marines on top of it? I don’t understand that. That’s why I feel like we are part of an experiment that we did not ask to be a part of,” Bass added.

Despite Bass claiming that the National Guard’s deployment was unnecessary, Fox News reporter Bill Melugin shared videos showing ICE agents in one of the vehicles being struck by rocks. Melugin also posted additional footage and photos of the aftermath, including an image of an ICE agent’s injury and a windshield damaged by a rioter’s rock.

Around 1,000 individuals wreaked havoc in Los Angeles Friday night, surrounding a federal building, attacking ICE agents, deflating tires and vandalizing government property, according to the Department of Homeland Security. The unrest caused significant damage and severe traffic disruptions, bringing several key city roads to a complete standstill.

On Saturday night, Trump authorized the deployment of the National Guard to assist local law enforcement and warned Democratic California Gov. Gavin Newsom that the federal government would intervene if local authorities failed to restore order.

In response, California filed a lawsuit against the Trump administration Monday, challenging the deployment of National Guard troops to Los Angeles to address the immigration riots. Attorney General Rob Bonta and Newsom said that federalizing 2,000 California National Guard members without Newsom’s consent exceeded the president’s authority.

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