China’s Trillion-Dollar Research Funds Squandered On Travel and Leisure

China’s Trillion-Dollar Research Funds Squandered On Travel and Leisure

Authored by Jessica Mao via The Epoch Times (emphasis ours),

In the past four years, many Chinese IC stars that emerged from the CCP’s “rapid chip-making” campaign have gone awry or ended in a disastrous failure. ( NICOLAS ASFOURI/AFP via Getty Images)

Chinese authorities had high hopes for China’s chip industry, expecting to see a “semiconductor miracle,” which would then affirm the “advantage of China’s whole nation system,” as well as overcome technology sanctions imposed by the United States.

However, eight years into establishment of China Integrated Circuit Industry Investment Fund, also known as the “Big Fund,” trillions of yuan have been exhausted with little success in tech innovation.

China’s anti-corruption watchdog launched an investigation into the former and current executives of the “Big Fund” in July, and seven senior officials linked to the “Big Fund” have demoted since.

In fact, misusing government research and development (R&D) subsidies and grants is common within China’s scientific community.

Where Did China’s Trillions in Research Funding Go

In April 2018, Chinese state media Sina Finance published an article, asking the question, “China has long been spending trillions of yuan in the field of semiconductors every year, but where did the huge amount of funds go?”

The article went on to say that in the past several years, roughly only 40 percent of the country’s research funding was actually spent on science and technology research and development, and 60 percent was spent on meetings and business trips.

“Whenever there are chances of business meetings, one can reimburse travel expenses, gasoline cost, and the travel cost can be huge when people go abroad to attend meetings. Even researchers at Tsinghua University and Peking University are no exception,” it said. “Anhui University of Engineering has also found that research funds are used to reimburse entertainment, foot spa, HOA cost and other expenses unrelated to the project. Moreover, the university noted a drastic increase of business trips abroad in recent years.”

A researcher revealed to Sina Finance that usually for the so-called inspection trips in foreign countries, the researchers simply made a brief appearance at their targeted inspection sites, and the rest of the time was spent on travel, leisure, and sightseeing.

In addition to holding or attending business meetings, Chinese research institutions are also obsessed with buying equipment, according to the article.

“Every year, when the funding is allocated, the first thing they do is to update all the laptops, scanners, cell phones, and other resources in the team, and sometimes a mentor with several topics in hand can get himself several of the latest laptops,” it said.

R&D Fraud

Many researchers are very skillful at selling an idea—hyping up a concept, sometimes to the point of committing R&D fraud, in order to apply for a hefty amount of funding. “Some key projects can get several millions or even several tens of millions of yuan as research grant. These people’s desire for capital is greater than getting down-to-earth with scientific research,” the article said.

Citing the Wuhan Hongxin scandal as an example, the article recounted that in August 2002, Chen Jin, then dean of the microelectronics school of Shanghai Jiaotong University, bought a Motorola chip from the United States, and hired a few migrant workers to polish off the MOTO logo from the chip with sandpaper. He then paid a small company to put a “Hanxin One” trademark on polished surface of the chip. Through layers of his personal connections, he was able to obtain various certifications, claiming that it was China’s first high-end DSP chip with independent intellectual property rights.

As the whole nation was thrilled at his claim, Chen applied for dozens of research projects in one shot, and even deceived the General Armament Department of China’s military into filing a Weapons and Equipment Technology Innovation Project. No one noticed any problems before or afterwards. So he succeeded in defrauding over 100 million yuan of scientific research funds,” the article said.

In an interview with The Epoch Times on Aug. 12, overseas China expert Lu Tianming pointed out that China’s ambition of rapid chip R&D itself is a good goal to set, but the thing is, the Chinese Communist Party is rotten to the core.

“It can be said that every single communist official is corrupt,” Lu said. “Actually, it would be abnormal if any official or supervisor involved would not embezzle from the funds. They all wish to line their own pockets when given such an opportunity.”

Tyler Durden
Thu, 08/18/2022 – 22:00

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Drought Is Driving European Energy Markets Toward Disaster

Drought Is Driving European Energy Markets Toward Disaster

By Irina Slav of OilPrice.com

Energy markets and nature seem to have it in for Europe. Record-breaking gas prices, rising coal prices, and droughts that interfere with electricity generation in some key markets have combined to push electricity contracts in the EU to record highs as uncertainty about the coming winter deepens.

Reuters reported earlier this week that a number of power forward contracts traded in the EU hit highs because of what increasingly looks like a perfect energy storm, affecting every energy source in one way or another.

“A number of factors are adding up: The market is uncertain about whether (French utility) EDF will increase nuclear availability enough for winter, which explains the price differences between the two countries [France and Germany],” Rystad Energy analyst Fabian Ronningen told Reuters.

EDF has had to significantly reduce the capacity utilization rate of its nuclear power plants because droughts in France have reduced water availability for cooling the reactors. But the drought came on top of earlier problems: reactor corrosion that prompted the utility to close some of them earlier this year, effectively reducing the supply of electricity available for sale on the domestic or regional market.

Meanwhile, in Germany, wind output is low, and so is the water level of the Rhine—a key transport route for things like coal, for example. Germany’s economy is quite dependent on this crucial shipping corridor, but when the water level is critically low, shippers simply cannot load the usual volume of cargo, meaning that coal and other commodities are reaching their destinations in smaller mounts and more slowly.

The drought is also affecting hydropower output, adding to worries about future supply. Because of the drought, Norway, which generates more than two-thirds of its electricity from hydropower, announced it would curb electricity exports, threatening supply for other European countries at the worst possible time. In the UK, there’s talk about blackouts.

Meanwhile, Gazprom’s gas flows to Europe remain much lower than usual, with the Russian state major warning this week that gas prices on the spot European market could top $4,000 per 1,000 cubic meters. Recently, spot prices broke the $2,500 barrier.

“European spot gas prices have reached $2,500 (per 1,000 cubic meters). According to conservative estimates, if such a tendency persists, prices will exceed $4,000 per 1,000 cubic meters this winter,” Gazprom said.

The European Union has been quick in switching from Russian gas to U.S. LNG amid the Ukraine crisis, but speed has not been enough: U.S. LNG export capacity is not limitless, and producers also have other clients, in Asia. As the winter season approaches, Asian buyers have become more willing to pay hefty premiums for any LNG, which has intensified competition for a limited number of LNG tankers.

No wonder, then, that electricity prices in some parts of Europe have hit records. Even less wonder that industries are beginning to buckle, per a recent Bloomberg report. The report noted that Germany’s year-ahead electricity contract rose to more than 530 euros per MWh earlier this week, which constituted a 500-percent increase over the past 12 months. No industry can absorb such a price shock unscathed, and German industry didn’t.

Germany had to pay the equivalent of more than $15 billion to bail out one of its biggest gas utilities, Uniper, earlier this year. Chemicals giant BASF warned that a gas shortage could wreak havoc on the industry. Aluminum and zinc smelters are closing, and so are fertilizer plants, all because of record gas and electricity prices.

Relief is not in sight unless one considers the filling up of gas storage caverns in Europe a form of relief. The EC had set a target of 80 percent for storage fill rates by October 1. Member-states are on track to hit this target ahead of schedule, but this has come at a cost: the EU’s gas bill this year is ten times higher than it normally is, at over $51 billion.

What’s more, storage alone will not be enough to keep European economies going through the winter months. The EU will need more gas as regular supply. Besides the U.S., there are few other places it can get it. It could be why the head of the German energy regulator warned the EU’s biggest economy would need to reduce gas consumption by a fifth to avoid shortages and rationing in the winter.

“The longer these price rises go up, the more this will be felt across the economy,” Daniel Kral, senior economist at Oxford Economics, told Bloomberg this week. “The magnitude of the increase and magnitude of the crisis isn’t comparable to anything in the past few decades.”

It is unfortunate that Europe is experiencing one unprecedented crisis after another. And it could yet get worse as the oil embargo against Russia kicks in at the end of the year.

Analysts have warned that this could lead to higher prices for oil. This will, in turn, add to upward electricity price pressure due to the switch from gas to oil some utilities in Europe have implemented to shield themselves from prohibitive gas prices.

Tyler Durden
Thu, 08/18/2022 – 21:30

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Putin Will Attend G20 Summit In Indonesia, Despite US Demands To Exclude Russian Leader

Putin Will Attend G20 Summit In Indonesia, Despite US Demands To Exclude Russian Leader

The western world is about to stop waging some bizarro war against Vladimir Putin that has sparked loathed energy hyperinflation across most of Europe, and is about to embrace the Russian leader, behind closed doors of course, even if it means a terribly vexxed Zelenskyy and US deep state.

Why? Because “pariah” Vladimir Putin is about to re-emerge on the G20 scene again, this time courtesy of Indonesian President Joko Widodo, who today said that both Putin and China’s president Xi both plan to attend the G20 summit in the resort island of Bali later this year.

“Xi Jinping will come. President Putin has also told me he will come,” Jokowi, as the president is known, said in an interview with Bloomberg News Editor-in-Chief John Micklethwait on Thursday. It was the first time the leader of the world’s fourth-most populous nation confirmed both of them were planning to show up at the November summit, according to Bloomberg.

Needless to say, the presence of Xi and Putin at the meeting will set up a showdown with the deep state handlers who control Joe Biden’s teleprompter and other, less senile “western” leaders, all of whom are set to meet in person for the first time since Russia’s invasion of Ukraine. The attack has left the G-20 divided over whether to place sanctions on Russia, because while a handful of G-20 countries are relatively self reliant, most are desperate for Russia’s commodity exports, whose lack has sent European energy prices to… well, just look for yourselves.

Putin and Jokowi discussed preparations for the G-20 summit in Bali in a phone call Thursday, the Kremlin said in a statement that didn’t mention whether the Russian leader will attend. Putin’s attendance will also likely bring him face to face with Volodymyr Zelenskiy for the first time since Russia’s invasion because for some odd reason the Ukrainian president – who also doubles as a Vogue model – is also slated to be in Bali.

Showing just how inconsequential the Biden White House has become in global affairs, Putin’s presence will take place even though Biden had called for Russia to be removed from the G-20, and US officials had earlier been pressuring Indonesia to exclude Putin from the Bali summit.

It’s almost as if when it comes to the world deciding between Putin’s nat gas exports and the deep state’s wishes, the world chooses the former. To make that point, Indonesia’s leader explained that as the new global axis lines are drawn, Asia stands with China and Russia.

“The rivalry of the big countries is indeed worrying,” Jokowi, 61, said in the interview. “What we want is for this region is to be stable, peaceful, so that we can build economic growth. And I think not only Indonesia: Asian countries also want the same thing.”

“Indonesia wants to be friends with everyone,” he said. “We don’t have problems with any country. Each country will have their own approach. Each leader has their own approach. But what’s needed by Indonesia is investment, technology that will change our society.”

Jokes aside, however, as Bear Traps report author Larry McDonald notes, we are likely just months away from quietly shelving western sanctions on Russia.

Tyler Durden
Thu, 08/18/2022 – 21:20

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Lowe’s To Give $55 Million In Bonuses For Hourly Workers To Fight Inflation

Lowe’s To Give $55 Million In Bonuses For Hourly Workers To Fight Inflation

Authored by Katabella Roberts via The Epoch Times (emphasis ours),

A Lowe’s store in Philadelphia in a file photo. (The Canadian Press/AP/Matt Rourke)

American retail company Lowe’s is handing out $55 million in bonuses to its front-line hourly employees in an effort to help combat the increasing cost of living.

Lowe’s Chief Executive Marvin R. Ellison announced the bonus scheme during the company’s second-quarter earnings call on Wednesday.

I would like to personally thank our associates for their hard work and dedication. In recognition of some of the cost pressures they are facing due to high inflation, we are providing an incremental $55 million in bonuses to our hourly front-line associates this quarter,” Ellison said on the call.

These associates have the most important jobs in our company, and we deeply appreciate everything they do to serve our customers to deliver a best-in-class experience,” Ellison added.

For a designated time period, the company is also providing workers with an additional 10 percent discount on everyday household and cleaning items, meaning they can now purchase those products at a 20 percent discount.

Executive Vice President Joe McFarland said he hopes the added discounts will also help to “ease the burden of inflation impacting many of these items.”

We will continue to look for meaningful ways to improve our associates’ work-life balance while providing them with the tools to build a career at Lowe’s,” McFarland said.

Steve Salazar, a spokesperson for Lowe’s, confirmed to The Washington Post that employees at the company will see the bonus on Sept. 9, and it will be taxed.

Households Feeling the Strain

Lowe’s operates or services 2,200 home improvement and hardware stores and employs approximately 300,000 people, according to its official website.

The $55 million in bonuses shared among the 300,000 employees would amount to an average bonus of roughly $183 per employee.

Lowe’s announcement comes as inflation has rocketed in the United States, prompting a string of businesses, including Microsoft, ExxonMobil, and Walmart, to offer worker bonuses, discounts, and gift cards in an effort to offset soaring prices, although it is unclear just how helpful the one-time lump sumps will be as the cost of living steadily increases.

Read more here…

Tyler Durden
Thu, 08/18/2022 – 21:00

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Blood, Bath And Bankrupt? BBBY Hires Restructuring Advisor

Blood, Bath And Bankrupt? BBBY Hires Restructuring Advisor

It is only fitting that on the day Blood, Bath and Bankruptcy Bed Bath & Beyond suffered a historic crash in its stock price, we learn from Bloomberg that the quasi-insolvent retailer hired law firm Kirkland & Ellis to help it address a debt load that’s become unmanageable amid a sales slump.

Kirkland, best known for its legal advice in restructuring and bankruptcy situations, was tapped to help the retailer navigate options for raising new money, refinancing existing debt, or both, according to the report. Translation: from $30 yesterday, BBBY stock will be worthless in a few days (just in case there is confusion why Ryan Cohen pulled the plug).

None of this will come as a shock to debt investors, usually far, far smarter then their equity peers, and is why much of Bed Bath & Beyond’s bonds and loans are already trading at distressed levels, even as its stock climbed as high as $30 per share earlier this week.

The share price however tumbled back to $10 after hours on Thursday, after activist shareholder Ryan Cohen dumped his entire stake making $68 million in the process, while costing a similar amount to the thousands of retail investors who followed him into this melting ice cube.

Alas, the stock is going much lower – in fact, $0.00 sounds like support – as the trading prices of the retailer’s debt, have plunged to half their face value or less this year, with the sharpest drop coming after the company announced dismal quarterly earnings June 29. And since the unsecured debt will be impaired, this implies there is zero value for the equity in the upcoming bankruptcy.

If only BBBY had sold stock in an ATM offering at the grotesquely inflated price from earlier this week, to hapless retail investors. That way RC Ventures pump and dump would have been complete.

Tyler Durden
Thu, 08/18/2022 – 20:36

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Schoolteachers’ First Amendment Rights to Publicly Criticize Transgender Pronoun Policies,

From the Virginia Supreme Court’s decision in Loudoun County School Bd. v. Cross last August, but for some reason just posted on Westlaw in the last day or two; it mostly defers to the trial court’s judgment, but also has some more to say about employee speech rights more broadly:

Cross has worked in Loudoun County Public Schools as an elementary school physical education teacher for eight years…. [T]he School Board is considering whether to adopt Policy 8040, “Rights of Transgender Students and Gender-Expansive Students” (“transgender policy”). If adopted, the transgender policy will: (1) allow students to use a name different than their legal name; (2) allow students to use gender pronouns different from those corresponding to their biological sex; (3) require school staff to use students’ chosen name and gender pronouns; and (4) allow students to use school facilities and participate in extra-curricular activities consistent with their chosen gender identity. Cross’ complaint asserted that, based on scientific evidence regarding gender and child development, his philosophical views on the rights of parents and educators, and his Christian religious beliefs, he objects to (1) the idea that someone can be transgender, (2) treating children as transgender, and, accordingly, (3) numerous aspects of the transgender policy.

Cross learned the Board would be considering whether to adopt the transgender policy during its May 25, 2021 meeting. He registered to speak during the meeting’s public comment period and delivered the following statement:

My name is Tanner Cross. And I am speaking out of love for those who suffer with gender dysphoria. 60 Minutes, this past Sunday, interviewed over 30 young people who transitioned. But they felt led astray because lack of pushback, or how easy it was to make physical changes to their bodies in just 3 months. They are now de-transitioning. It is not my intention to hurt anyone. But there are certain truths that we must face when ready. We condemn school policies like 8040 and 8035 because it will damage children, defile the holy image of God. I love all of my students, but I will never lie to them regardless of the consequences. I’m a teacher but I serve God first. And I will not affirm that a biological boy can be a girl and vice versa because it is against my religion. It’s lying to a child. It’s abuse to a child. And it’s sinning against our God.

The next day, Cross alleged, he fulfilled his teaching duties as usual. That evening, however, a supervisor asked to speak with Cross the next morning. When they met, the supervisor informed Cross he was being placed on administrative leave with pay. As an explanation for this decision, Cross received a letter from Assistant Superintendent Sebastian stating Cross was under investigation for allegations he engaged in conduct that had a disruptive impact on the operations of Leesburg Elementary. The letter also informed Cross that, absent permission from Leesburg Elementary principal, Shawn Lacey, he was banned from Loudoun County Public Schools property and events. Later that day, an email was sent to “all Leesburg Elementary parents and staff” informing them of Cross’ suspension….

The [trial court issued a preliminary injunction ordering] the Defendants to reinstate Cross to his position and remove the ban prohibiting him from Loudoun County Public Schools property and events…

We conclude that the Defendants have not established the circuit court abused its discretion in granting Cross a temporary injunction… [I]t is settled law that the government may not take adverse employment actions against its employees in reprisal for their exercising their right to speak on matters of public concern….

The second step requires weighing Cross’ interest in making his public comments against the Defendants’ “interest in providing effective and efficient services to the public.” Performing this “difficult” balancing of interests required the circuit court to examine the unique circumstances of this case, including the context in which Cross made his public comments and the extent to which they disrupted Loudoun County Public Schools’ “operation and mission.” …

The Defendants incorrectly minimize Cross’ interest in making his public comments. Cross made those comments at a public Board meeting where one of the issues under consideration was whether to adopt the transgender policy. As the Fourth Circuit has recognized, “[b]oth the [teacher] and the public are centrally interested in frank and open discussion of agenda items at public meetings.” Further, in addition to expressing his religious views, Cross’ comments also addressed his belief that allowing children to transition genders can harm their physical or mental wellbeing. This is a matter of obvious and significant interest to Cross as a teacher and to the general public.

Moreover, Cross was opposing a policy that might burden his freedoms of expression and religion by requiring him to speak and interact with students in a way that affirms gender transition, a concept he rejects for secular and spiritual reasons. Under such circumstances, Cross’ interest in making his public comments was compelling. Although the Board may have considered Cross’ speech to be “a trifling and annoying instance of individual distasteful abuse of a privilege,” we believe Cross has a strong claim to the view that his public dissent implicates “fundamental societal values” deeply embedded in our Constitutional Republic.

Further, the Defendants have not identified an abuse of discretion in the circuit court’s conclusion that its interest in disciplining Cross was comparatively weak…. [T]he court supplied discussion of the evidence it found particularly germane to its analysis. The court further stated that such evidence was not “exclusive to the [c]ourt’s consideration but [was] reflective of some that [was] given greater weight than others not specifically mentioned.” The record thus reflects that the circuit court did not engage in an inappropriately myopic or summary application of the law to the facts before it.

We also find unpersuasive the Defendants’ suggestion that the circuit court did not give sufficient weight to their heightened interest in regulating Cross’ speech because, as a teacher, he occupies a position of significant public contact and trust. Although the Board is correct that public employers have a greater interest in controlling the speech of employees who interact with the public and rely on the public’s trust to perform their duties, such as police officers and teachers, there is no indication the court disregarded or did not appropriately consider the unique position Cross occupies.

Next, the Defendants argue the circuit court erred in refusing to consider that Cross’ suspension was justified by the disruption school officials reasonably anticipated once parents quickly expressed their concern over his public comments. As evidence of this purported refusal, the Defendants point to the court’s comment that no actual disruption to school operations had occurred when Principal Lacey reassigned Cross from meeting children because, at that time, Lacey had received only one parental complaint regarding Cross. The Board also cites that the court’s order does not otherwise mention the subject of anticipated disruption.

Although the Defendants are correct that the negative consequences a public employer reasonably anticipates will result from an employee’s speech may under some circumstances justify anticipatory adverse action against the employee to mitigate those consequences, the operative adverse action in this case is not Cross’ reassignment from greeting children but the subsequent decision to suspend him and limit his access to public school events. Accordingly, the circuit court could sensibly discount the fact that Cross was removed from morning greeting duty.

Further, no evidence corroborates the Defendants’ assertion that Cross was suspended because, after several parents complained, there was a reasonable expectation that parents and students would avoid interacting with Cross to the point he could not fulfill his duties. Principal Lacey’s and Superintendent Ziegler’s affidavits do not aver they took their terminal adverse employment actions against Cross because they thought doing so would quell further disruption at Leesburg Elementary.

To the contrary, Superintendent Ziegler’s affidavit suggests Cross was suspended due to “a neutral and generally applicable practice of utilizing suspension or paid administrative leave when an employee engages in speech or conduct that causes a disruption in the operations of the school or school division.” Of course, any such practice would be unconstitutional to the extent the Defendants deploy it overzealously to thwart protected employee speech. Consequently, the Defendants have not demonstrated the circuit court committed an error of law or otherwise abused its discretion.

Likewise, the circuit court did not improperly discount the Defendants’ interests in ensuring student wellbeing and that its employees support and comply with existing and proposed gender identity policies and corollary anti-discrimination laws. Those concerns appear pretextual because, first, they were not mentioned in either Principal Lacey’s or Superintendent Ziegler’s affidavits explaining Cross’ suspension. Instead, they were raised for the first time in the second letter Cross received from Loudoun County Public Schools several days after he was suspended.

More importantly, Cross’ email to the Board and Superintendent Ziegler expressed, in even stronger terms than his public comments, his opposition to and unwillingness to comply with the transgender policy. However, the Defendants took no action based on that email because, as Superintendent Ziegler states, it “did not cause any disruption with the operation of Leesburg Elementary.” Considering also that the Defendants have never attempted to specify how Cross’ continuing to teach at Leesburg Elementary might pose a real and present threat that he or the Loudoun County Public Schools will contravene any anti-discrimination policy or law, neither that concern nor the Defendants’ attendant concern that Cross might harm children can justify his swift suspension.

Further, although the Defendants assert the circuit court should have considered that Cross’ public comments necessitated that students’ schedules be changed or that they miss required physical education instruction, they presented no evidence of that to the circuit court. There was also no evidence that it would have been problematic or administratively taxing to accommodate the parents who requested Cross not teach their children, nor was there any clear evidence Principal Lacey has diverted material time from his other obligations to manage the fallout from Cross’ public comment.

The only disruption the Defendants can point to is that a tiny minority of parents requested that Cross not interact with their children. However, the Defendants identify no case in which such a nominal actual or expected disturbance justified restricting speech as constitutionally valued as Cross’ nor have they attempted to explain why immediate suspension and restricted access to further Board meetings was the proportional or rational response to addressing the concerns of so few parents….

The parties later settled.

The post Schoolteachers' First Amendment Rights to Publicly Criticize Transgender Pronoun Policies, appeared first on Reason.com.

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Schoolteachers’ First Amendment Rights to Publicly Criticize Transgender Pronoun Policies,

From the Virginia Supreme Court’s decision in Loudoun County School Bd. v. Cross last August, but for some reason just posted on Westlaw in the last day or two; it mostly defers to the trial court’s judgment, but also has some more to say about employee speech rights more broadly:

Cross has worked in Loudoun County Public Schools as an elementary school physical education teacher for eight years…. [T]he School Board is considering whether to adopt Policy 8040, “Rights of Transgender Students and Gender-Expansive Students” (“transgender policy”). If adopted, the transgender policy will: (1) allow students to use a name different than their legal name; (2) allow students to use gender pronouns different from those corresponding to their biological sex; (3) require school staff to use students’ chosen name and gender pronouns; and (4) allow students to use school facilities and participate in extra-curricular activities consistent with their chosen gender identity. Cross’ complaint asserted that, based on scientific evidence regarding gender and child development, his philosophical views on the rights of parents and educators, and his Christian religious beliefs, he objects to (1) the idea that someone can be transgender, (2) treating children as transgender, and, accordingly, (3) numerous aspects of the transgender policy.

Cross learned the Board would be considering whether to adopt the transgender policy during its May 25, 2021 meeting. He registered to speak during the meeting’s public comment period and delivered the following statement:

My name is Tanner Cross. And I am speaking out of love for those who suffer with gender dysphoria. 60 Minutes, this past Sunday, interviewed over 30 young people who transitioned. But they felt led astray because lack of pushback, or how easy it was to make physical changes to their bodies in just 3 months. They are now de-transitioning. It is not my intention to hurt anyone. But there are certain truths that we must face when ready. We condemn school policies like 8040 and 8035 because it will damage children, defile the holy image of God. I love all of my students, but I will never lie to them regardless of the consequences. I’m a teacher but I serve God first. And I will not affirm that a biological boy can be a girl and vice versa because it is against my religion. It’s lying to a child. It’s abuse to a child. And it’s sinning against our God.

The next day, Cross alleged, he fulfilled his teaching duties as usual. That evening, however, a supervisor asked to speak with Cross the next morning. When they met, the supervisor informed Cross he was being placed on administrative leave with pay. As an explanation for this decision, Cross received a letter from Assistant Superintendent Sebastian stating Cross was under investigation for allegations he engaged in conduct that had a disruptive impact on the operations of Leesburg Elementary. The letter also informed Cross that, absent permission from Leesburg Elementary principal, Shawn Lacey, he was banned from Loudoun County Public Schools property and events. Later that day, an email was sent to “all Leesburg Elementary parents and staff” informing them of Cross’ suspension….

The [trial court issued a preliminary injunction ordering] the Defendants to reinstate Cross to his position and remove the ban prohibiting him from Loudoun County Public Schools property and events…

We conclude that the Defendants have not established the circuit court abused its discretion in granting Cross a temporary injunction… [I]t is settled law that the government may not take adverse employment actions against its employees in reprisal for their exercising their right to speak on matters of public concern….

The second step requires weighing Cross’ interest in making his public comments against the Defendants’ “interest in providing effective and efficient services to the public.” Performing this “difficult” balancing of interests required the circuit court to examine the unique circumstances of this case, including the context in which Cross made his public comments and the extent to which they disrupted Loudoun County Public Schools’ “operation and mission.” …

The Defendants incorrectly minimize Cross’ interest in making his public comments. Cross made those comments at a public Board meeting where one of the issues under consideration was whether to adopt the transgender policy. As the Fourth Circuit has recognized, “[b]oth the [teacher] and the public are centrally interested in frank and open discussion of agenda items at public meetings.” Further, in addition to expressing his religious views, Cross’ comments also addressed his belief that allowing children to transition genders can harm their physical or mental wellbeing. This is a matter of obvious and significant interest to Cross as a teacher and to the general public.

Moreover, Cross was opposing a policy that might burden his freedoms of expression and religion by requiring him to speak and interact with students in a way that affirms gender transition, a concept he rejects for secular and spiritual reasons. Under such circumstances, Cross’ interest in making his public comments was compelling. Although the Board may have considered Cross’ speech to be “a trifling and annoying instance of individual distasteful abuse of a privilege,” we believe Cross has a strong claim to the view that his public dissent implicates “fundamental societal values” deeply embedded in our Constitutional Republic.

Further, the Defendants have not identified an abuse of discretion in the circuit court’s conclusion that its interest in disciplining Cross was comparatively weak…. [T]he court supplied discussion of the evidence it found particularly germane to its analysis. The court further stated that such evidence was not “exclusive to the [c]ourt’s consideration but [was] reflective of some that [was] given greater weight than others not specifically mentioned.” The record thus reflects that the circuit court did not engage in an inappropriately myopic or summary application of the law to the facts before it.

We also find unpersuasive the Defendants’ suggestion that the circuit court did not give sufficient weight to their heightened interest in regulating Cross’ speech because, as a teacher, he occupies a position of significant public contact and trust. Although the Board is correct that public employers have a greater interest in controlling the speech of employees who interact with the public and rely on the public’s trust to perform their duties, such as police officers and teachers, there is no indication the court disregarded or did not appropriately consider the unique position Cross occupies.

Next, the Defendants argue the circuit court erred in refusing to consider that Cross’ suspension was justified by the disruption school officials reasonably anticipated once parents quickly expressed their concern over his public comments. As evidence of this purported refusal, the Defendants point to the court’s comment that no actual disruption to school operations had occurred when Principal Lacey reassigned Cross from meeting children because, at that time, Lacey had received only one parental complaint regarding Cross. The Board also cites that the court’s order does not otherwise mention the subject of anticipated disruption.

Although the Defendants are correct that the negative consequences a public employer reasonably anticipates will result from an employee’s speech may under some circumstances justify anticipatory adverse action against the employee to mitigate those consequences, the operative adverse action in this case is not Cross’ reassignment from greeting children but the subsequent decision to suspend him and limit his access to public school events. Accordingly, the circuit court could sensibly discount the fact that Cross was removed from morning greeting duty.

Further, no evidence corroborates the Defendants’ assertion that Cross was suspended because, after several parents complained, there was a reasonable expectation that parents and students would avoid interacting with Cross to the point he could not fulfill his duties. Principal Lacey’s and Superintendent Ziegler’s affidavits do not aver they took their terminal adverse employment actions against Cross because they thought doing so would quell further disruption at Leesburg Elementary.

To the contrary, Superintendent Ziegler’s affidavit suggests Cross was suspended due to “a neutral and generally applicable practice of utilizing suspension or paid administrative leave when an employee engages in speech or conduct that causes a disruption in the operations of the school or school division.” Of course, any such practice would be unconstitutional to the extent the Defendants deploy it overzealously to thwart protected employee speech. Consequently, the Defendants have not demonstrated the circuit court committed an error of law or otherwise abused its discretion.

Likewise, the circuit court did not improperly discount the Defendants’ interests in ensuring student wellbeing and that its employees support and comply with existing and proposed gender identity policies and corollary anti-discrimination laws. Those concerns appear pretextual because, first, they were not mentioned in either Principal Lacey’s or Superintendent Ziegler’s affidavits explaining Cross’ suspension. Instead, they were raised for the first time in the second letter Cross received from Loudoun County Public Schools several days after he was suspended.

More importantly, Cross’ email to the Board and Superintendent Ziegler expressed, in even stronger terms than his public comments, his opposition to and unwillingness to comply with the transgender policy. However, the Defendants took no action based on that email because, as Superintendent Ziegler states, it “did not cause any disruption with the operation of Leesburg Elementary.” Considering also that the Defendants have never attempted to specify how Cross’ continuing to teach at Leesburg Elementary might pose a real and present threat that he or the Loudoun County Public Schools will contravene any anti-discrimination policy or law, neither that concern nor the Defendants’ attendant concern that Cross might harm children can justify his swift suspension.

Further, although the Defendants assert the circuit court should have considered that Cross’ public comments necessitated that students’ schedules be changed or that they miss required physical education instruction, they presented no evidence of that to the circuit court. There was also no evidence that it would have been problematic or administratively taxing to accommodate the parents who requested Cross not teach their children, nor was there any clear evidence Principal Lacey has diverted material time from his other obligations to manage the fallout from Cross’ public comment.

The only disruption the Defendants can point to is that a tiny minority of parents requested that Cross not interact with their children. However, the Defendants identify no case in which such a nominal actual or expected disturbance justified restricting speech as constitutionally valued as Cross’ nor have they attempted to explain why immediate suspension and restricted access to further Board meetings was the proportional or rational response to addressing the concerns of so few parents….

The parties later settled.

The post Schoolteachers' First Amendment Rights to Publicly Criticize Transgender Pronoun Policies, appeared first on Reason.com.

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Russians Scramble For Visas As EU Urges “Coordinated Approach” On Travel Bans

Russians Scramble For Visas As EU Urges “Coordinated Approach” On Travel Bans

The European Commission has said it is still weighing a travel ban for all Russian nationals, but stressed in a Thursday statement that some member states have individually begun to impose restrictions on visas, but that none has ceased issuing them completely. 

Commission spokesperson Anitta Hipper called for a “coordinated approach” among EU countries, saying in a Thursday press briefing in Brussels that “visa activities have not stopped completely and in particular the humanitarian cases are catered for.”

She said that Russia’s ongoing assault on Ukraine had created “unprecedented challenges” for the entirety of the EU, and for that reason had “acted immediately” to suspend a visa facilitation agreement with Moscow on February 25, the day after the invasion. 

EU foreign ministers are set to meet later in August, and the proposed travel ban will be on on the agenda, she said. Ukrainian government under President Zelensky has been lobbying hard for the European Union as well as the United States to shut their borders to any and all Russian travelers for a period of at least one year.

“The most important sanctions are to close the borders — because the Russians are taking away someone else’s land,” Zelensky told The Washington Post in an interview published over a week ago. He stressed that as punishment Russian citizens should “live in their own world until they change their philosophy” – before being allowed to travel in the West. “They’ll understand then,” he said.

Estonia and Finland were among the first European countries to back the call, and took steps to impose their own restrictions for Russian travel. 

The Moscow Times reports that Russians seeking to travel abroad are now racing against the clock ahead of proposed tighter travel restrictions especially to the Baltics:

Finland said Tuesday it will reduce the number of visas issued to Russians by 90% starting next month and Lithuania, Estonia and Latvia have recently also announced restrictions on tourist visas for Russians. 

The three Baltic states and Finland, which share land borders with Russia, have reported an increase in the numbers of Russians using their airports to transit further into the EU as a workaround to the bloc’s ban on Russian airlines.

Further the report underscores that “The number of applications for Schengen visas — which give access to most EU countries — submitted by Russians has risen rapidly in recent weeks, according to tour agencies contacted by The Moscow Times.”

One major Russian tour and travel industry insider was quoted as saying the number Schengen visa applications made by Russian citizens has doubled in only two weeks.

Last week the Kremlin blasted the proposal as “irrational” and painted it as racist and xenophobic. It remains that the EU were to tell 145 million Russians they can no longer travel to Europe for any reason in a sweeping ban, it goes without saying that this would be unlikely to impact Putin’s war-time decision making in any way. Instead, it would only serve to punish common people, who also have a wide range of views regarding the war in Ukraine. 

Tyler Durden
Thu, 08/18/2022 – 20:00

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Buchanan: How, When, Or Will We Ever Come Together Again?

Buchanan: How, When, Or Will We Ever Come Together Again?

Authored by Pat Buchanan,

When 30 FBI agents showed up at Mar-a-Lago to cart off boxes of documents, it was an authorized, legitimate and justified procedure to retrieve national security secrets being illegally kept there.

Or it was an unprecedented regime raid on the home and office of the foremost political rival of President Joe Biden that called to mind a “Third World country,” the East German “Stasi,” the KGB or the Gestapo.

And Jan. 6, 2021?

That was a riot, a disgraceful breach of the Capitol, involving assaults on Capitol cops that deserved to be and are being punished.

No, it was more than that. Far more. It was an “insurrection,” a “fascist coup,” an act of treason led by far-right extremists to abort the transfer of power from the winner of the election of 2020 to the loser. It ranks right up there with the 1814 burning of the Capitol by the British.

Such is the magnitude of the divide in America, a divide that extends far beyond our clashing views of Jan. 6 and the Mar-a-Lago raid.

Consider abortion. Before the 1960s, abortion was almost universally regarded as a shameful and criminal act. Doctors who performed abortions were disgraced and sometimes sent to prison.

But after the Dobbs decision by the Supreme Court declared that Roe v. Wade in 1973 was wrongly decided, restoration of women’s right to an abortion is being championed by half the nation.

The other half of America yet believes abortion involves the killing of an unborn innocent child.

Part of America celebrates the Supreme Court’s decision to declare marriage equality for homosexuals. Yet, a traditionalist minority believes such a mandate imposes on the nation a secularist morality contradicted by the tenets of the Christian faith that was the basis of laws for our first two centuries as a nation.

Nor is it only clashing morality that divides us.

For a nation, a country, a people, a democracy to endure, there needs be a broad consensus of belief, culture, custom and politics.

On the issue of law and order, without which a republic cannot stand, there is now disagreement over the role and conduct of our police.

During the George Floyd summer of 2020, “Defund the Police!” was the clamor of the left, and among the street chants of Black Lives Matter was, “Pigs in a Blanket, Fry ‘Em Like Bacon.”

Only a stunning political recoil caused its abandonment.

For a nation, especially a great world power like the United States, some things are indispensable to its preservation.

A democratic republic needs to preserve the value of its currency, to defend its borders against illegal mass migrations and invasions, to preserve law and order, especially in its great cities.

Which of these requisites exist today when the nation suffers 8% inflation; 250,000 illegal aliens cross our southern border every month; and “mass shootings” occur daily in our cities during which at least four victims are gunned down, wounded or killed?

The preservation of a democracy also requires the confidence of its people in its defining institutions.

Yet, since the Reagan era, Americans’ collective confidence in our major institutions has fallen from one-half of the nation to one-fourth.

In 2022, confidence in the Supreme Court fell by a third to 25%. Only a fourth of the country retained high confidence in the presidency; and confidence in Congress plummeted to 7%, or one in every 14 Americans.

One in 6 Americans had great confidence in our newspapers, with only 1 in 9 citizens saying the same about television news.

In summary, we are a country whose people have a diminishing confidence in almost all of its institutions, from big business to the churches, universities and media. Only small business and the U.S. military enjoy the confidence of the American people.

Public approval of Biden’s performance is at the lowest level ever recorded for a president at this point in his first term.

True, we have been through and recovered from divisive times.

In the 1860s, 11 of the 33 states seceded and fought for four years to gain their independence of the Union.

The 1960s were divisive, but the left, with Sen. George McGovern its political expression, captured less than 40% of the vote against Richard Nixon in 1972. Ronald Reagan ran up two landslides in the 1980s.

Those days are long gone.

The left today dominates the academic community and culture to a greater degree than it once did and is further removed from the heart of the country in Middle America than it has ever been.

When, how, does America ever unite again?

And what unites us, other than an external attack on the country, like Pearl Harbor or 9/11?

Where is the common ground on which to stand?

Does such ground even exist, given the divisions in religion, race and ethnicity, and the seemingly irreconcilable disagreements over morality, ideology, culture and politics?

Has the great experiment run its course?

Tyler Durden
Thu, 08/18/2022 – 19:00

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Amazon Accuses FTC Of Issuing ‘Unfair, Unreasonable’ Demands As Part Of Probe Into Prime

Amazon Accuses FTC Of Issuing ‘Unfair, Unreasonable’ Demands As Part Of Probe Into Prime

Authored by Katabella Roberts via The Epoch Times (emphasis ours),

Amazon founder Jeff Bezos in New York City on Sept. 20, 2021. (Michael M. Santiago/Getty Images)

Amazon has accused the U.S. Federal Trade Commission (FTC) of making unreasonable and unfair demands as part of the agency’s probe into the company’s Prime membership program, according to a new legal filing.

The Jeff Bezos-founded company has been under investigation by the regulator since March 2021 regarding whether or not it makes it difficult for customers who want to end their membership with Amazon Prime, the subscription service that costs $139 per year or $14.99 per month and allows users to take advantage of additional services that are otherwise unavailable to other Amazon customers.

However, Amazon said in the Aug. 5 legal filing (pdf) that the investigation had become “unworkable and unfair, reflecting less of a responsible effort to collect the facts about a variety of longstanding and highly popular subscription programs than a one-sided effort to force Amazon to meet impossible-to-satisfy demands.”

Nearly 20 current and former Amazon employees and executives, including founder Jeff Bezos and CEO Andy Jassy, as well as former retail executive boss Dave Clark and his successor Doug Herrington, SVP of international Russ Grandinetti, and former head of Prime, Greg Greeley, were served subpoenas to give evidence as part of the agency’s investigation into the e-commerce giant.

The subpoenas are officially known as Civil Investigative Demands (CID).

Andy Jassy, CEO of Amazon Web Services, speaks at the WSJD Live conference in Laguna Beach, Calif., on Oct. 25, 2016. (Mike Blake/Reuters)

‘Unworkable and Unfair’

In the filing, Amazon asked that the FTC “quash or limit” the subpoenas, while certain current and former Amazon employees also petitioned to quash or limit the subpoenas served on them individually because they are “unworkable and unfair.”

Specifically for founder Bezos and CEO Jassy, lawyers state that the two are petitioning for the CID’s to be “quashed” because “staff has identified no legitimate reason for needing their testimony when it can obtain the same information, and more, from other witnesses and documents.”

Amazon claims that it has worked “diligently and cooperatively with FTC staff to provide information relevant to the FTC’s investigation” for over a year and has produced 37,000 pages of documents relating to the probe, and provided “dozens of pages of interrogatory responses,” among other things.

It also claims that it has “proactively followed up with staff to ensure it had the materials it needed” but that FTC staff had become “inexplicably disengaged,” and by February 2022 had not communicated with Amazon about the Prime investigation for almost four months.

The company claims that in April 2022, after roughly six months of alleged silence from the FTC, Amazon was “abruptly notified … that a new attorney would be taking over and that staff was under ‘tremendous pressure’ to conclude the investigation,” and gave the company and its executives just a few weeks to comply.

“Staff’s handling of this investigation has been unusual and perplexing,” Amazon wrote in the petition. “The current impasse has been brought about by unexplained pressure placed on staff to complete the investigation hastily, by an arbitrarily chosen deadline.”

“But staff’s own behavior has exacerbated the breakdown in this investigation, with the most recent incident being the most egregious: staff has attempted to restrict, contrary to law and FTC practice, counsel’s ability to jointly represent Amazon and the Individual CID recipients. Staff has gone so far as to demand that counsel leave a hearing for the first individual witness for failing to abide by this improper restriction. The Commission must step in.”

Amazon’s website on Prime Day in a stock photo. (Dennizn/Shutterstock)

Investigation Expanded

Amazon claimed that the FTC’s scope of the investigation has been extended to include additional non-Prime subscription programs, such as Audible, Amazon Music, Kindle Unlimited, and Subscribe & Save.

Lawyers for the company claimed that the FTC had “refused to provide the Individual CIDs to Amazon’s counsel when requested and informed counsel that they would not be permitted to jointly represent Amazon and any of the individual employees,” which it described as “plainly contrary to law.”

At the very least, Amazon asks that the deadline to provide the information should be extended.

At a minimum, Amazon needs staff to further clarify its vague and argumentative requests and grant more time to comply with them, something staff has refused to do without explanation,” lawyers noted.

The FTC, which is headed by Lina Khan, pledged in 2020 to look more closely into the power of America’s five biggest tech companies: Amazon, Apple, Facebook, Microsoft, and Alphabet (including Google).

Amazon has raised concerns over Khan’s stance on antitrust law and her previous criticism of the company and its market dominance, stating that it would make her impartial in her role as chair.

Read more here…

Tyler Durden
Thu, 08/18/2022 – 18:30

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