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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Freedom of information & freedom of speech
Fighting for First Amendment rights is as popular a pastime as ever, but just because you can get on your soapbox doesn't mean anyone will be there to listen. Town squares have emptied out as shoppers decamp for the megamalls; gated communities keep pesky signature gathering activists away; even most internet chatrooms are run by the major media companies. Brave New Neighborhood sconsiders what can be done to protect and revitalize our public spaces.
From videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers. This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.
Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.
Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.
"A thoughtful book that offers significant insights on the
potential perils of imposing restraints in the traditional First
Amendment rights." "A powerful collection of essays challenging the advocates of
curbing speech in order to promote equality. Most impressively,
these writers make their case not through name-calling, but by
taking them seriously, and dissecting, opposing arguments and
acknowledging complexities, and by invoking informed common sense
in bracing prose." At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, "Speaking of Race, Speaking of Sex" demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas.Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.
aThe book constitutes a good contribution to our professional
knowledge, and it is a must readinga "Anyone who has not read A Distant Heritage cannot know the
history of freedom of speech. This splendid book, based on
excellent research, fills a void on the subject of seditious
utterance and is a valuable corrective, as well as a substantial
addition to, all previous works touching that subject." "A remarkably clear, concise history . . . Eldridge has provided
impressive documentation of an often misunderstood, and vitally
important, aspect of American History." "Larry Eldrige's superb scholarship greatly expands our
knowledge of how free speech took root in the American colonies.
This exceptional book offers both engaging reading and new insights
into the development of a fundamental right. " "Larry Eldridge has crafted a major reinterpretation of the
expansion of political speech in the American colonies. What is
especially impressive is Eldridge's ability to find support for his
thesis in both the growing stability of colonial society and the
powerful upheavals that convulsed it. This is an original,
provocative, and penetrating contribution to the literature on
freedom of speech, in the colonial or any other era." "With "A Distant Heritage," Larry Eldridge joins a handful of
scholars probing a most important aspect of our free speech
heritage. . . Eldridge providesvital pieces to the puzzle of how
American earned the right to speak their minds. With meticulous
attention to detail, Eldridge traces the seventeenth century
development of free speech in colonial America, a process that
opened the way for citizens to criticize their government and that
established the foundation for both revolution and growth in
freedom of speech for generations to come." Historians often rely on a handful of unusual cases to illustrate the absence of free speech in the colonies--such as that of Richard Barnes, who had his arms broken and a hole bored through his tongue for seditious words against the governor of Virginia. In this definitive and accessible work, Larry Eldridge convincingly debunks this view by revealing surprising evidence of free speech in early America. Using the court records of every American colony that existed before 1700 and an analysis of over 1,200 seditious speech cases sifted from those records, A Distant Heritage shows how colonists experienced a dramatic expansion during the seventeenth century of their freedom to criticize government and its officials. Exploring important changes in the roles of juries and appeals, the nature of prosecution and punishment, and the pattern of growing leniency, Eldridge also shows us why this expansion occurred when it did. He concludes that the ironic combination of tumult and destabilization on the one hand, and steady growth and development on the other, made colonists more willing to criticize authority openly and officials less able to prevent it. That, in turn, established a foundation forthe more celebrated flowering of colonial dissent against English authority in the eighteenth century. Steeped in primary sources and richly narrated, this is an invaluable addition to the library of anyone interested in legal history, colonial America, or the birth of free speech in the United States.
Named one of Newsweek's "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America-free speech-and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America's social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump's accusations of "fake news," the free use of negative language against minority groups, "cancel culture," and blatant xenophobia have caused Americans to question how far First Amendment protections can-and should-go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American's life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation-and world-watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.
Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.
Most people believe that our rights to privacy and free speech are inevitably in conflict. Courts all over the world have struggled with how to reconcile the two for over a century, and the rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, filled with hurtful and harmful expression and data flows. In Intellectual Privacy, Neil Richards offers a solution that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. True invasions of privacy like peeping toms or electronic surveillance should almost never be protected as "free speech." And critically, Richards shows how most of the law we enact to protect online privacy poses no serious burden to public debate, and how protecting the privacy of our data is not censorship. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
This book chronicles Zunar's fight through cartoons from 2009 to 2018. Peppered within the pages of this book are some of Zunar's timeless philosophies on cartooning, which have kept him going despite the odds stacked against him - arrests, court charges, banning of books, travel ban. In this book, Zunar also sheds light on the methodological approach he utilises in his cartoons to effectively deliver his messages. From the conception of a cartoon right down to inking it, Zunar bares what goes on his mind when he draws these cartoons. From being labelled controversial to becoming an award winning cartoonist, this is Zunar's fight through cartoons in his own words.
Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
Featuring case studies and questions for further study and inquiry in each major chapter, this book introduces the key concept of intellectual freedom to those about to enter the profession, providing a concise overview of principles, ongoing and current debates, and best practices. Enshrined in the mission statement of ALA, intellectual freedom is one of the core values of the information professions. The importance of ensuring information access to all, and the historical, social, and legal foundations of this commitment, are powerfully explored in this essential primer. Designed to function as both an introductory text for LIS students as well as a complementary resource for current professionals, this book provides a cohesive, holistic perspective on intellectual freedom. Extending beyond censorship to encompass such timely and urgent topics as hate speech and social justice, from this book readers will gain an understanding of the historical and legal roots of intellectual freedom, with an in-depth examination of John Stuart Mill’s “On Liberty†and Article 19 of the U.N Declaration of Human Rights, and its central concepts and principles; the intersection of intellectual freedom, freedom of expression, and social justice; professional values, codes of ethics, ALA’s Library Bill of Rights, and Freedom to Read/View Statements; pro- and anti- censorship arguments and their use in impeding and facilitating access to information; book banning and internet filtering; privacy and its relationship to information services; U.S. case law and precedents; the basics of U.S. copyright law, including fair use, and how it differs from international copyright law; and emerging global issues and their impact on future intellectual freedom.
This pamphlet exposes how the Democratic Party has changed beyond recognition. Once the party of anti-communism and tax-cutting under President Kennedy, it is now dominated by a surging socialist movement and led by a presidential candidate who vows to “transform†America. On a near-daily basis, the Democrats are issuing radical proposals to socialize medicine, industry, and higher education. So how can the Democrats win elections when their agenda is so far to the left of the American people? That’s easy—it’s because the means of public debate are being manipulated. In this explosive Encounter Broadside, Congressman Devin Nunes exposes the nexus between the Democratic Party, the mainstream media, and the social media corporations. These three entities cooperate to blast out the Democrats’ message and downplay their extremism while suppressing and censoring conservative points of view. Tens of millions of Americans are only seeing one side of the debate. The information they get from newspapers and social media is not “newsâ€â€”it’s contrived content designed to help one political party and punish its opponents. In the run-up to the most consequential election of our lifetime, read this book to learn how your information is being skewed and regulated to force America onto the path to socialism. About Encounter Broadsides: In the late eighteenth century, pamphlets electrified the colonies and helped to forge American democracy as we know it. Encounter Broadsides seek to revive this medium to make the case for ordered liberty and democratic capitalism in our time. Read them in a sitting and come away knowing the best we can hope for and the worst we must fear.Â
The American founders did not endorse a citizen's right to know. More openness in government, more frankness in a doctor's communication with patients, more disclosure in a food manufacturer's package labeling, and more public notice of actions that might damage the environment emerged in our own time. As Michael Schudson shows in The Rise of the Right to Know, modern transparency dates to the 1950s, 1960s, and 1970s-well before the Internet-as reform-oriented politicians, journalists, watchdog groups, and social movements won new leverage. At the same time, the rapid growth of higher education after 1945, together with its expansive ethos of inquiry and criticism, fostered both insight and oversight as public values. "One of the many strengths of The Rise of the Right To Know is its insistent emphasis on culture and its interaction with law...What Schudson shows is that enforceable access to official information creates a momentum towards a better use of what is disclosed and a refinement of how disclosure is best done." -George Brock, Times Literary Supplement "This book is a reminder that the right to know is not an automatic right. It was hard-won, and fought for by many unknown political soldiers." -Monica Horten, LSE Review of Books
'Topical, engaging, personable, and above all, reassuring' Dr. Jordan B. Peterson From host of The Rubin Report, the most-watched talk show about free speech and big ideas on YouTube right now, a roadmap for free thinking in an increasingly censored world. The left is no longer liberal. Once on the side of free speech and tolerance, progressives now ban speakers from college campuses, "cancel" people who aren't up to date on the latest genders, and force religious people to violate their conscience. They have abandoned the battle of ideas and have begun fighting a battle of feelings. This uncomfortable truth has turned moderates and true liberals into the politically homeless class. Dave Rubin launched his political talk show The Rubin Report in 2015 as a meeting ground for free thinkers who realize that partisan politics is a dead end. He hosts people he both agrees and disagrees with--including those who have been dismissed, deplatformed, and despised--taking on the most controversial issues of our day. As a result, he's become a voice of reason in a time of madness. Now, Rubin gives you the tools you need to think for yourself in an age when tribal outrage is the only available alternative. Based on his own story as well as his experiences from the front lines of the free speech wars, this book will empower you to make up your own mind about what you believe on any issue and teach you the fine art of: Checking your facts, not your privilege, when it comes to today's most pervasive myths, from the wage gap and gun violence to climate change and hate crimes. Standing up to the mob against today's absurd PC culture, when differences of opinion can bring relationships, professional or personal, to a sudden end. Defending classically liberal principles such as individual rights and limited government, because freedom is impossible without them. The Progressive Woke Machine is waging war against the last free thinkers in the world. Don't Burn This Book is the definitive account of our current political upheaval and your guide to surviving it.
In these seventeen essays, distinguished senior scholars discuss the conceptual issues surrounding the idea of freedom of inquiry and scrutinize a variety of obstacles to such inquiry that they have encountered in their personal and professional experience. Their discussion of threats to freedom traverses a wide disciplinary and institutional, political and economic range covering specific restrictions linked to speech codes, the interests of donors, institutional review board licensing, political pressure groups, and government policy, as well as phenomena of high generality, such as intellectual orthodoxy, in which coercion is barely visible and often self-imposed. As the editors say in their introduction: "No freedom can be taken for granted, even in the most well-functioning of formal democracies. Exposing the tendencies that undermine freedom of inquiry and their hidden sources and widespread implications is in itself an exercise in and for democracy."
A global history of free speech, from the ancient world to today. Hailed as the "first freedom," free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech's many defenders - from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Razi, to Mary Wollstonecraft, Mahatma Gandhi, Nelson Mandela and modern-day digital activists - Mchangama demonstrates how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech is also a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all kinds. Meticulously researched, deeply humane and provocative, Free Speech challenges us all to recognise how much we have gained from this principle - and how much we stand to lose without it.
Concise and Abridged Edition Do we really have the right to say the 'wrong' thing? 'I strongly recommend this book. Hume is right that the current proliferation of trigger warnings is absurd' Guardian In a fierce defence of free speech - in all its forms - Mick Hume's blistering polemic exposes the new threats facing us today in the historic fight for freedom of expression. In 2015, the cold-blooded attacks in Paris on the Charlie Hebdo cartoonists united the free-thinking world in proclaiming 'Je suis Charlie'. But it wasn't long before many were arguing that the massacres showed the need to restrict the right to be offensive. Meanwhile sensitive students are sheltered from potentially offensive material and Twitter vigilantes police those expressing the 'wrong' opinion. But the basic right being suppressed - to be offensive, despite the problems it creates - is not only acceptable but vital to society. Without a total freedom of expression, other liberties will not be possible.
Traditionally, our society has broadly agreed that the "good university" should teach the intellectual skills students need to become citizens who are intelligently critical of their own beliefs and of the narratives presented politicians, society, the media, and, indeed, universities themselves. The freedom to debate is essential to the development of critical thought, but on university campuses today free speech is increasingly restricted for fear of causing "offense." In this daring and intrepid book, which was originally withdrawn from publication by another publisher but is now proudly presented by Academica Press, the famous intelligence researcher James R. Flynn presents the underlying factors that have circumscribed the range of ideas now tolerated in our institutions of learning. Flynn studiously examines how universities effectively censor teaching, how social and political activism effectively censors its opponents, and how academics censor themselves and each other. A Book Too Risky To Publish concludes that few universities are now living up to their original mission to promote free inquiry and unfettered critical thought. In an age marred by fake news and ever increasing social and political polarization, this book makes an impassioned argument for a return to critical thought in our institutions of higher education.
The emergence of the Internet and the digital world has changed the way people access, produce and share information and knowledge. Yet people in Africa face challenges in accessing scholarly publications, journals and learning materials in general. At the heart of these challenges, and solutions to them, is copyright, the branch of intellectual property rights that covers written and related works. This book gives the reader an understanding of the legal and practical issues posed by copyright for access to learning materials in Africa, and identifies the relevant lessons, best policies and best practices that would broaden and deepen this access. This book is based on the work of the African Copyright and Access to Knowledge (ACA2K) research network, launched in late 2007 as a network of researchers committed to probing the relationship between copyright and learning materials access in eight African countries: Egypt, Ghana, Kenya, Morocco, Mozambique, Senegal, South Africa and Uganda.
How digital media are transforming Arab culture, literature, and politics In recent years, Arab activists have confronted authoritarian regimes both on the street and online, leaking videos and exposing atrocities, and demanding political rights. Tarek El-Ariss situates these critiques of power within a pervasive culture of scandal and leaks and shows how cultural production and political change in the contemporary Arab world are enabled by digital technology yet emerge from traditional cultural models. Focusing on a new generation of activists and authors from Egypt and the Arabian Peninsula, El-Ariss connects WikiLeaks to The Arabian Nights, Twitter to mystical revelation, cyberattacks to pre-Islamic tribal raids, and digital activism to the affective scene-making of Arab popular culture. He shifts the epistemological and historical frameworks from the postcolonial condition to the digital condition and shows how new media challenge the novel as the traditional vehicle for political consciousness and intellectual debate. Theorizing the rise of "the leaking subject" who reveals, contests, and writes through chaotic yet highly political means, El-Ariss investigates the digital consciousness, virality, and affective forms of knowledge that jolt and inform the public and that draw readers in to the unfolding fiction of scandal. Leaks, Hacks, and Scandals maps the changing landscape of Arab modernity, or Nahda, in the digital age and traces how concepts such as the nation, community, power, the intellectual, the author, and the novel are hacked and recoded through new modes of confrontation, circulation, and dissent.
Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. Both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany.
This is a study of Vietnam's socialist transition and state transformation, generally known as doi moi. It examines the drivers of socialist-regime change, the nature of the doi moi state, and the basis of regime legitimacy in Vietnam. The Element argues that despite its 'one-party rule' label, the party-state apparatus that channels said rule has become fragmented. State-building during the doi moi period involved negotiations and bargaining that redefine authority and power relations within the state apparatus. The party-state's accountability projects are designed to target the specific self-aggrandizing tendencies of the state apparatus, its policies, and abuse of state power. At the leadership level, patterns of resource allocation underlying the doi moi growth model as well as the VCP's cadre rotation approach have accommodated central and sub-national state elites across sectors and levels, helping shore up the legitimacy of the doi moi state in the eyes of the state elite. The combination of sustained economic growth, expansion of political space, accountability, and tolerance of small-scale public protests have been factors in strengthening regime-society legitimization. |
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