pols final barbour 2302

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civil liberties Individuals
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restraints on the actions of government against individuals
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as originally presented in the constitution, the bill of rights Limited gov
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limited only powers of the national government
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the supreme court began applying the bill of rights to the state governments1868 after 14th was ratified
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in 1868 after the 14th amendment was ratified
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the incorporation theory Most protections from bill of rights are incorporated into 14th amendment
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the view that most protections of the bill of rights are incorperated into the 14th amendments protection against government actions.
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the concept of the separation of church and state
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-congress shall make no laws restricting an establishment of religion -create a wall of separation between church and state -neither a state nor the federal government can set up a church -the legality of church and school together
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in the supreme court case lemon v. kurtzman, the court found that Had to do with religion
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-direct state aid could not be used to subsidize religious instruction -the aid had to be secular in aim -it could not have primary effect of advancing or inhibit religion -the government avoid an excessive government entanglement with religion THIS IS THE 3 PART LEMON TEST!!!!!!!!!!
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the establishment clause in the first amendment Wall of separation of church and state
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was designed to create a wall of separation between church and state
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in engel v. vitale (1962) the supreme court threw out the regents prayer used in New York public schools becasue Official prayers and religion
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-the constatution prohibited against laws respecting an establishment of a religion must mean at least that in this country it is no part of the business of government to compose official prayers for any group of the american people to recite as part of a religious program carried on by government
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the teaching of evolution in public school
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is constitutional, cannot be prohibited because that would be promoting a particular religious viewpoint, was outlawed in the past, and is still a controversial issue today.
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the free exercise clause
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one to believe whatever he/she may want
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New York Times V. United States
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affirmed that no prior restrain doctrine
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symbolic speech is
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the nonverbal expression of beliefs
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the supreme court will consider restrictions on commercial speech valid as long as
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-1 seeks to implement a substantial government interest -2 directly advances that interest -3 goes no further than necessary to accomplish its objectives
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commercial speech is unusual defined as
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-advertising speech
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obscenity is
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-based on community standards -sexually offensive material -illegal if it is found to violate a four part test established by the united states supreme court
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in 1969 the supreme court in brandenburg v. Ohio
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protecting the advocacy of force so long as the advocacy was not directed at inciting imminent unlawful actions
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which of the following is one of the requiremnets that must be met in order to consider a work obscene
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must lack serious redeeming literary, artistic, political, or scientific merit
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in Osborne V. ohio the supreme court ruled that states can outlaw the possession of child pornography in the home.
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because owning the material perpetuates the comercial demand to exploit children
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the communications decency act of 1996 and the children’s online protection act of 1998
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congress trying to protect minors from pornographic materials on the internet
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slander is……
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a false statement that harms the good reputation of another
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in the area of freedom of speech,
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high schools can impose restrictions that are not allowed in colleges, high school officials may censor school publications some universities have prohibited hate speech and campus speech restrictions have usually been ruled unconstatutional
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libel is
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defamation in writing
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the first amendment prevents congress from
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making any law that abridges the right of the people peaceably to assembly, and to petition the government for a redress of grievances
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for public figure to obtain a damage award under libel laws he or she must
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actual malice
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gag orders have been used to
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restrict the publication of pre-trial news
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in 1965, in Griswold V. Connecticut, a case involving the legality of contraceptives, the supreme court
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held that the law violated the right to privacy
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the court has based the right to privacy on
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-first amendment 1 -third amendment 3 -fourth amendment 4 -fifth amendment 5 -ninth amendment 9
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according to the supreme court ruling in Roe V. Wade, which of the following restrictions may the state place on abortions?
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-1 during the first trimester of pregnancy, abortion was an issue solely between a woman and her physician -2 during the second trimester, to protect the woman, the state was allowed to specify the conditions under which an abortion could be performed -3 during the final trimester the state could regulate or even outlaw abortions except when they were necessary to preserve the life or the health of the mother
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in Webster V. Reproductive Health Services and Planned Parenthood V. Casey, the supreme court ruled that
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-State may require public employees to assist in abortions and require tax-payer money to provide abortions
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which of the following are true of the decisions in Roe V. Wade?
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don’t know
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a defendants pretrial rights include all of the following except
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don’t know
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the writ of habeas corpus is
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the right to be brought before a court and have the reasons for detention explained
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in Gideon V. Wainwright the supreme court ruled that
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if one cannot afford an attorney the government must provide one
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the miranda rule
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requires that suspects be read their rights before questioning
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the exclusionary rule is a policy
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forbidding the admission of illegally seized evidence at trial
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cruel and unusual punishment is prohibited by
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the eighth amendment
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all of the following are true of the death penalty except
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– those in favor of the death penalty maintain that it serves as a deterrent to serious crime and satisfies society’s need for justice and fair play -those opposed do not believe it has any deterrent value and hold that it constitutes a barbaric act in an otherwise civilized society -2 jury sessions to figure out if the death penalty is right for the case -34 states have the death penalty -in 1998 death penalties reached an all time high -decline was due to 2002 Ring V. Arizona -only jurors not judges can decide on death penalty
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the term civil rights refers to
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the rights of all Americans to equal protection under the laws
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the thirteenth amendment
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states that neither slavery nor involuntary servitude shall exist within the united states
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the civil rights acts passed by congress between 1865 and 1875
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-a series of civil rights acts to enforce the 13th, 14th, and 15th amendments -act of 1866 implimented the extension of citizenship to anyone born in the United States and gave African Americans full equality before the law. -act of 1870 set out specific criminal penalties for interfering with the right to vote as protected by the 15th amendment -act of 1872 (anti ku-klux-klan) -act of 1875 declared that everyone is entitled to full and equal enjoyment of public accomindations
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the fifteenth amendment provides that
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the right of citizens of the united states to vote shall not be denied or abridged by the united states or by any state on account of race, color, or previous conditions of servitude
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after the civil war, civil rights legislation was passed by congress
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a series of civil rights acts to enforce the 13th, 14th, and 15th amendments
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in 1896, the united states supreme court case of poesy V. Ferguson
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-became the judicial cornerstone of racial discrimination throughout the United States -born out of this was “separate-but equal doctrine”
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the white primary in southern states allowed
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whites only to vote in primary elections
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in 1944 case of Smith V. Allwright, the United States supreme court ruled
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white primary to be a violation of the fifteenth amendment
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the tests commonly administered as a precondition for voting were called
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literacy test
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a poll tax was used to
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exclude those who could not afford to pay it from voting (african americans)
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the supreme court ruling in brown v. board of education of topeka (1954) held that
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segregation of races in the public schools violates the equal protection clause of the 14th amendment
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De facto segregation means
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racial segregation that occurs because of past social and economic conditions and residential racial patterns
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de facto segregation
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– a kind of segregation was common in many northern communities -not because of law but results of other causes
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all of the following are true of the 1964 and 1968 civil rights acts except
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facts about 64 – outlawed arbitrary discrimination in voter registration -barred discrimination in public accommodations which have operations that affect interstate commerce -authorized the federal government to sue to desegregate public schools and facilities -expanded the power of the civil rights commission, which has been created in 1957, and extended its life -provided for the withholding of the federal funds from programs administered in a discriminatory manner -established the right to equality of opportunity in employment facts about 68 -outlawed discriminatory voter-registration tests – authorized federal registration of voters and federally administered voting procedures in any political subdivision or state that discriminated political electorally against a particular group
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the civil rights movement
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-did not prevent riots from happening -has lead to a more diverse political elected officials -more political participation from minority groups
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the fourteenth amendment
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-adopted in 1869 following the civil war -main constatutional bias for civil rights legislation and court decisions
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which of the following is true about womens rights
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facts -the primary goal of women was to obtain the right to vote -women’s suffrage associations were formed -19th amendment was passed and women gained the right to vote -susan B Anthony (important) – domestic violence is a big issue -gender discriminations
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in the 1960’s and 1970’s women’s groups became divided over issues including
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-feminism -equal rights -domestic violence -gender discrimination
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any practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender
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gender discrimination
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which of the following statments about women’s rights is true
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-feminism didn’t become an issue till the 60’s -equal eights amendment -abortion is a key concern -pornography -freedom of choice -stop era campaign
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on the issue of sexual harassment the supreme court has ruled that
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it extends to the workplace. if job opportunities are traded for sexual favors
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the equal pay act of 1963
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required employers to provide equal pay for substantially equal work
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the policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups to overcome the present effects of past discrimination is known as
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affirmative action
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the charge that some affirmitive action programs discriminate against non-minorities is called
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reserve discrimination
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the supreme court ruled in the Bakke case that
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bakke must be admitted to the medical school because its admissions policy had used race as the sole criterion for the sixteen minority positions
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the supreme courts decision in adarand constructors Inc. V. pena ruled that an affirmative action program
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that uses racial or ethnic classifications as a basis for making decisions is subject to strict scrutiny by the courts
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in the 2003 the united states supreme court considered two different admissions policies adopted at the university of Michigan law school
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limited affirmative action programs continued to be accepted and that the diversity was a legitimate goal
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in the 2003 decisions of Lawrence V. Texas the united states supreme court
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a texas law criminalizing adults who engage in consensual same sex sexual conduct furthers no legitimate state interest and violates their right to privacy under the fourteenth amendment due process clause (effectively bans all sodomy laws in the united states)
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in the 1996 decision of romer v. evans the supreme court
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the court decided against amendment two which would prevent any town city or country from attempting to take any executive legislative or judicial action that would allow homosexual citizens to be recognized as a protected class
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the defense of marriage act of 1996 was passed in response to
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controversy over same sex marriage flared up in 1993 when the hawaii supreme court ruled that denying marriage licenses to gay couples might violate the equal protection clause of the hawaii constitution
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keynesian economics advocates
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the use of government spending and taxing to help stabilize the economy
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fiscal policy
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is the domain of congress
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monetary policy includes
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the use of changes in the amount of money in circulation to alter credit marketers employment and the rate of inflation
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tight monetary policy theory dictates that when the economy is faced with inflation the government should
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make credit expenses in an effort to slow inflation
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with a progressive tax
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percentage rises with income
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which of the following is not a regressive tax
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regressive taxes a tax that falls in percentage terms as income rises -social security -medicare taxes -sales taxes -property tax
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which of the following is not an entitlement program?
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programs -medicare -medicaid -socail security -unemployment compensation
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which of the following statements regarding entitlement programs is accurate?
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facts – they are called entitlements if you meet certain qualifications you are entitled to certain benefits -the federal government can estimate how much it will have to pay out for entitlemnts but cannot set an exact figure in advance -entitlement spending largely determines how much you will pay in taxes throughout your working lifetime -entitlement determines how much support you receive from the federal government when you grow old

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