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Tag Archives: First Amendment

McCullen v Coakley (2014) gently weeps

05 Thursday May 2022

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

abortion, First Amendment, Hypocrisy, protest, Roe v Wade, snowflakes, Supreme Court

From the U.S. Supreme Court in 2014:

[….]
In 2007, Massachusetts amended its Reproductive Health Care Facilities Act, which had been enacted in 2000 to address clashes between abortion opponents and advocates of abortion rights outside clinics where abortions were performed. The amended version of the Act makes it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any “reproductive health care facility,” defined as “a place, other than within or upon the grounds of a hospital, where abortions are offered or performed.”

[….]

Chief Justice Roberts delivered the opinion of the Court.

 A Massachusetts statute makes it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any place, other than a hospital, where abortions are performed. Mass. Gen. Laws, ch. 266, §§120E½(a), (b) (West 2012). Petitioners are individuals who approach and talk to women outside such facilities, attempting to dissuade them from having abortions. The statute prevents petitioners from doing so near the facilities’ entrances. The question presented is whether the statute violates the First Amendment.

[….]

Petitioners wish to converse with their fellow citizens about an important subject on the public streets and sidewalks—sites that have hosted discussions about the issues of the day throughout history. Respondents assert undeniably significant interests in maintaining public safety on those same streets and sidewalks, as well as in preserving access to adjacent healthcare facilities. But here the Commonwealth has pursued those interests by the extreme step of closing a substantial portion of a traditional public forum to all speakers. It has done so without seriously addressing the problem through alternatives that leave the forum open for its time-honored purposes. The Commonwealth may not do that consistent with the First Amendment.

 The judgment of the Court of Appeals for the First Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Today, at the United States Supreme Court:

ABC News @ABC
A new, imposing eight-foot-high fence was erected overnight at the U.S. Supreme Court in the wake of protests over a bombshell draft opinion on abortion.
[….]
1:16 PM · May 5, 2022

Apparently the First Amendment doesn’t apply.

“…Petitioners wish to converse with their fellow citizens about an important subject on the public streets and sidewalks—sites that have hosted discussions about the issues of the day throughout history…”

“…by the extreme step of closing a substantial portion of a traditional public forum to all speakers. It has done so without seriously addressing the problem through alternatives that leave the forum open for its time-honored purposes…”

Apparently the First Amendment doesn’t apply to criticism of the Supreme Court. Snowflakes.

“Choice is Freedom”

Previously:

Stare decisis don’t mean shit (May 2, 2022)

Into the streets (May 2, 2022)

Gleeful handwringing (May 3, 2022)

It’s the GOP’s world, now you just get to live in it (May 3, 2022)

Into the streets, part 2 (May 3, 2022)

A statement (May 3, 2022)

Into the streets, part 3 (May 3, 2022)

BREAKING NEWS: Pearl-clutcher clutches pearls (May 3, 2022)

Heartland POD: SCOTUS Abortion Case (May 3, 2022)

Into the streets, part 4 (May 4, 2022)

Into the streets, part 5 (May 5, 2022)

The clown is in the mirror

24 Friday Dec 2021

Posted by Michael Bersin in Josh Hawley, social media, US Senate

≈ Leave a comment

Tags

clown, Fascist pig, First Amendment, Josh Hawley, right wingnut, social media, Twitter, U.S. Senate, Virginia

What, because someone else is getting too much attention lately?

Josh Hawley (r) [2016 file photo].

Last night:

Josh Hawley @HawleyMO
We won’t be intimidated by these bozos, I promise you that
[….]
8:48 PM · Dec 23, 2021

There is much hilarity in the responses:

#HooliganHawley – Only On Fox News!

“Faux News channel, fascist groupies” – protest sign, circa 2003- 2004.

Why would Missouri elect this guy when he does not even go there?

Good question. I’d like to know where his actual home is here in MO. Not his parents or families homes either.

Yeah, well, literally no one will be intimidated by them because that is not their goal, what with their “attacks” of leaving copies of the constitution around.

“Home” in Virginia, not “PO Box” in Missouri right?

Uh ohhh, looks like the video the group took of the whole thing doesn’t match up with Hawley’s claims, either.

The article says you were in Missouri

I think that’s all I need for the credibility of this report. Because we all know that’s false.

We have no idea if that is indeed the case.

Will this impact your podcast schedule?

There’s a podcast?

I would be there, but you know, Virginia.

Actually, I would avoid your home, but as soon as you show up in Missouri again, you should expect me.

Are they making a appointment with you?

We see what you did there.

You were terrified last time there were people on your sidewalk.

Who’s we dude? You’re on your own.

Look at me!! I’m a senator!!! Honk honk!

Who is “we”, Josh? Are you changing your pronouns?

Home, in Virginia.

What home? You don’t live in Missouri!

Oo, it’s almost Christmas Eve. Bet you’re pissed they don’t call it Christmas Adam.

Heh.

So you will be in Virginia?

Why don’t you live in the state you represent?

Anti-American Hawley will NOT be intimidated by those that believe in American values!

You ARE the bozo!

Your property was not vandalized. The protestors were only ON your property to deliver the Constitution copy. Did they break windows. steal things or defecate in your hallway? Nope, those things were done by the insurrectionists you supported.

By the looks of these comments you are in competition w/ Ted Cruz for being most hated senator in USA.

Who even says bozo anymore?

Beauzeau is the preferred spelling…

The Senator from Missouri is spending Christmas at home in Virginia.

I dunno. You sure cry about it on Fox News alot.

Intimidated by expression of “free speech”

That’s crazy. Imagine if they showed up to your work. And a bunch of them had those ziptie handcuffs. And there was a bomb and they smeared feces on yhe wall… oh wait… that was your people.

Who is the clown in this story, Joshua?

Previously:

The third Senator from Virginia is upset that the President isn’t visiting his state today (December 8, 2021)

HB 952: making the trains run on time

19 Monday Apr 2021

Posted by Michael Bersin in Missouri General Assembly, Missouri House

≈ 2 Comments

Tags

1619 Project, Brian Seitz, censorship, curriculum, First Amendment, HB 952, micromanagement, Public Education, right wingnuts

So much for local control.

Apparently, for right wingnuts, there is only the one true amendment.

A bill, sponsored by Brian Seitz (r)

FIRST REGULAR SESSION
HOUSE BILL NO. 952 {pdf]
101ST GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE SEITZ.
2087H.01I DANA RADEMAN MILLER, Chief Clerk

AN ACT

To amend chapter 170, RSMo, by adding thereto one new section relating to the 1619 Project in school districts and charter schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 170, RSMo, is amended by adding thereto one new section, to be known as section 170.352, to read as follows:

170.352. 1. As used in this section, “1619 Project” means the 1619 Project initiative of the New York Times.

2. No school district, charter school, or personnel or agent of such school district or charter school shall:
(1) Teach, use, or provide for use by any pupil the 1619 Project as part of any curriculum, course materials, or instruction in any course given in such school district or charter school; or
(2) Teach, affirm, or promote as an accurate account or representation of the founding and history of the United States of America any of the claims, views, or opinions presented in the 1619 Project as part of any curriculum, course materials, or instruction in any course given in such school district or charter school.

Is there a grading rubric if it’s used as a reference in a student research paper?

Be afraid, be very afraid.

When knowledge is outlawed, only outlaws will have knowledge.

Four years ago: “white haired nearsighted old guy standing silently on the quad holding a sign no one can read, upsetting protofascists.”

03 Wednesday Mar 2021

Posted by Michael Bersin in Resist

≈ Leave a comment

Tags

#resist, Donald Trump, First Amendment, missouri, protest

“Make America Great Again” – in Russian.

The conversation:

UCM Police Officer: Hello.
Me: Hi, how are you doing?
UCM Police Officer: Pretty Good. What’s your connection to UCM?
Me: I teach here.
UCM Police Officer: You teach here?
Me: Yeah.
UCM Police Officer: Okay. I, I don’t understand your sign.
Me: Uh, it’s actually, it’s Russian.
UCM Police Officer: Okay.
Me: And, so I’m being sarcastic. It’s in Russian. So, it says “steladt Ameriku velikoy snova”.
UCM Police Officer: Okay.
Me: So, translated, it’s, “make America great again”. In Russian.
UCM Police Officer: Okay.
Me: So, it’s being sarcastic.
UCM Police Officer: Okay. So, ten four [into radio], um, so, did somebody give you permission to, to be out here holding your sign?
Me: [turn around, pat the bronze Bill of Rights First Amendment Plaque on the base of the flag pole].
UCM Police Officer: I understand that.
Me: Uh, huh.
UCM Police Officer: But in order to put signs out on campus you still have to go through the, the Union. There’s an office over there.
Me: Oh, really?
UCM Police Officer: Yeah.
Me: Well, it’s kind of interesting, ‘cause when I started doing this…
UCM Police Officer: Uh, hm.
Me: …the president of the university…
UCM Police Officer: Okay.
Me: …came up to me…
UCM Police Officer: Uh, hm.
Me: …and we talked, and he’s like, thanks for doing this.
UCM Police Officer: Okay.
Me: So, are we getting like, is there a policy problem, that we’re getting like a disconnect?
UCM Police Officer: So, apparently that is.
Me: Yeah.
UCM Police Officer: So, do you have an ID by chance?
Me: Yeah.
UCM Police Officer: Okay, can I see it?
Me: Uh, do you need to see it?
UCM Police Officer: Yes. Just so I know who I’m talking to [inaudible].
Me: Okay. Um, but I’m actually under no obligation to show you my ID, am I?
UCM Police Officer: Well, you’re a UCM employee, right?
Me: Yeah.
UCM Police Officer: So, anybody here at UCM that a Public Safety officer asks for an ID…
Me: Okay. Fair enough. Okay. [hand over UCM ID]
UCM Police Officer: Do you have your driver’s license?
[….]
Me: [hand over driver’s license]
UCM Police Officer: Uh, typically like if people want to put signs out and things, like I say, they go to the Union. [wind noise] Trying to remember what office it is. But, basically they just have you fill out a form and then [inaudible].
Me: And, and I understand in certain…
UCM Police Officer: [responding to radio] I’m sorry, go ahead.
Me: What’s, what’s kind of interesting, ‘cause it’s, like, inconsistent.
UCM Police Officer: Okay.
Me: ‘Cause there’ve been Public Safety people that have come by and seen me…
UCM Police Officer: [reading driver’s license number into radio] I’m sorry. I had people talking.
Me: Yeah, yeah. I understand. So, it’s like, so, it’s kind of interesting, ‘cause it’s kind of inconsistent because I’ve been out here probably for a couple of weeks.
UCM Police Officer: Okay.
Me: And so, Public Safety people come by, walk by, see me, they’ll walk by.
UCM Police Officer: Okay.
Me: Whatever. Ignore me.
UCM Police Officer: Okay.
Me: And, so, it’s kind of interesting to me. In, you know, the president of the university knows I’m out here. Other people in the administration, in the university know I’m out here…
UCM Police Officer: [into radio] Go ahead. Okay.
Me: [….] Uh, as long as I’m not interfering, you know, making noise or anything. It’s like, it’s like [gesturing to empty quad] is there like anything going on here that I’m disturbing?
UCM Police Officer: Right. Well, the, kind of what normally happens [crosstalk]. Um, let’s say you weren’t associated with UCM. [crosstalk] and you want to have your signs.
Me: And I understand that, too. [crosstalk]
UCM Police Officer: Basically what we ask is that you move to sidewalks along the [wind noise].
Me: Yeah, and that kind of thing. Yeah. [….] I did his here fourteen years ago.
UCM Police Officer: Okay.
[….]
UCM Police Officer: Like I say, you’re being peaceful and all that, [crosstalk] so I don’t really have a huge issue. I just needed to find out what was going on.
Me: Yeah. Oh, I understand that. Hello.
Second UCM Police Officer: How’s it going?
Me: Good. Good.
UCM Police Officer: Typically what they ask that you go through the Union. [to second officer] Do you know the office over in the Union that like approves signs on campus and stuff?
Second UCM Police Officer: Not off hand.
UCM Police Officer: And, um, but they basically authorize it and, and say it’s okay.
Me: Yeah, and, and I understand that. And, but, it’s my understanding is that nobody can really disapprove.
UCM Police Officer: Okay.
Me: You know, other than, especially since, you know, I’m not sitting here with a megaphone screaming at the top of my lungs and, you know, interfering with classes to be able to hear and stuff like that.
UCM Police Officer: Right. Yeah. Like I say you’re not shouting or…
Me: Nah.
UCM Police Officer: …or disturbing the peace. You’re just holding up signs.
Me: Yeah.
UCM Police Officer: Okay. What I’ll do, like I say, I got your name and everything and, and we’ll just kind of go from there.
Me: All right. Awesome.
UCM Police Officer: All right. Well, try to have a good day and enjoy this nice weather.
Me: Yeah, actually, it’s a little cool.
UCM Police Officer: It’s a little chilly, I agree.
Me: Yeah.
UCM Police Officer: Yeah, so, okay, all right, we’ll talk to you later.
Me: All right. Take it easy.

Previously:

A conversation at the flag pole (March 3, 2017)

William Barr (r) was kissing Donald Trump’s (r) ass and it just accidentally went off

17 Thursday Sep 2020

Posted by Michael Bersin in Resist, social media

≈ Leave a comment

Tags

#resist, 4th Congressional District, Donald Trump, Fascist, First Amendment, gaslighting, Lindsey Simmons, missouri, peaceful protest, protest, social media, sycophant, tear gas, Twitter, Vicky Hartzler, William Barr

Vicky Hartzler (r) [2016 file photo].

Alternative history:

Rep. Vicky Hartzler @RepHartzler
Our #CommitmentToAmerica is to protect the fundamental principles that keep our communities safe.

I condemn ALL who hijack a legitimate national conversation and use it as an excuse to loot, destroy, and kill. Their actions are reprehensible and have no place in our nation.
[….]
8:39 AM · Sep 16, 2020

In the 4th Congressional District?

Lindsey Simmons (D) [2020 file photo].

The reality:

Lindsey Simmons @LynzforCongress
Hard to keep communities safe when the President of the United States gasses his own citizens.
[….]
5:44 AM · Sep 17, 2020

“It was an accident, I swear.”

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

SB 9 in the special session: anticipation

02 Sunday Aug 2020

Posted by Michael Bersin in Missouri General Assembly, Missouri Senate, Resist

≈ 1 Comment

Tags

#resist, First Amendment, General Assembly, missouri, Missouri Senate, protest, SB 9, Special Session

“Useless laws weaken the necessary laws.” – Charles-Louis de Secondat, baron de La Brède et de Montesquieu (1689 – 1755)

A bill, introduced in the current special session of the Missouri General Assembly:

SB 9 – This act creates the offense of unlawful traffic interference if, with the intention to impede vehicular traffic, the person walks, stands, sits, kneels, lays, or places an object in a manner that blocks passage by a vehicle on any public street or highway.

This offense is a Class A misdemeanor if a person blocks a public street for the first violation and a Class E felony for any subsequent violation.

This offense is a Class E felony if a person blocks an interstate highway.

This offense is a Class D felony if a person blocks a street or highway as part of an unlawful assembly.

Some details:

[….] (2) “Unlawful assembly”, two or more persons who meet for the purpose of violating any of the criminal laws of this state or of the United States.

Do meetings in offices in the capitol building qualify? Just asking.

2. A person commits the offense of unlawful traffic interference if, with the intention to impede vehicular traffic, the person walks, stands, sits, kneels, lays, or places an object in such a manner as to block passage by a vehicle on any public street, highway, or interstate highway. [….]

In Warrensburg, Missouri on May 31, 2020:

When you can’t hear or see dissent than there is no First Amendment.

Previously:

George Floyd – Protest – Warrensburg, Missouri – Sunday afternoon, May 31, 2020 (May 31, 2020)

George Floyd – Protest – Warrensburg, Missouri – Sunday afternoon, May 31, 2020 – part 2 (June 1, 2020)

So, today in Jefferson City (July 30, 2020)

How not to escalate (July 31, 2020)

Law and oh-dare (August 1, 2020)

HB 234: speak

21 Friday Dec 2018

Posted by Michael Bersin in Missouri General Assembly, Missouri House, Resist

≈ 3 Comments

Tags

#resist, Bruce Franks, First Amendment, General Assembly, HB 234, Kettling

“…announcing and ensuring a means of safe egress from the area that is actually available to all persons…”

Kettling.

Representative Bruce Franks, Jr. (D) [2018 file photo]

A bill, prefiled by Representative Bruce Franks, Jr. (D), on protecting the rights of peaceful protesters:

FIRST REGULAR SESSION
HOUSE BILL NO. 234 [pdf]
100TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE FRANKS JR.
0833H.01I DANA RADEMAN MILLER, Chief Clerk

AN ACT

To amend chapter 590, RSMo, by adding thereto one new section relating to protesters’ rights.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 590, RSMo, is amended by adding thereto one new section, to be known as section 590.825, to read as follows:

590.825. 1. The provisions of this section shall be known and may be cited as the “First Amendment Protection Act”.
2. Except as provided under subsection of this section, no law enforcement officer or agency shall declare an unlawful assembly under the provisions of section 574.040 for the sole purpose of punishing persons for exercising their constitutional rights to engage in expressive activity nor shall any law enforcement officer or agency:
(1) Use chemical agents, whatever the method of deployment, against any person engaged in expressive, nonviolent activity in the absence of probable cause to arrest the person and without first issuing clear and unambiguous warnings that the person is subject to arrest and that such chemical agents will be used and providing the person sufficient opportunity to heed the warnings and comply with lawful law enforcement commands;
(2) Use or threaten to use chemical agents, whatever the method of deployment, against any person engaged in expressive, nonviolent activity for the purpose of punishing the person for exercising his or her constitutional rights; or
(3) Issue orders or use chemical agents, whatever the method of deployment, for the purpose of dispersing persons engaged in expressive, nonviolent activity without first specifying, with reasonable particularity, the area from which dispersal is ordered; issuing audible and unambiguous orders in a manner designed to notify all persons within the area that dispersal is required and providing sufficient warnings of the consequences of failing to disperse including, where applicable, that chemical agents will be used; providing a sufficient and announced amount of time that is proximately related to the issuance of the dispersal order in which to heed the warnings and exit the area; and announcing and ensuring a means of safe egress from the area that is actually available to all persons.
3. The provisions of subsection 2 shall not apply when persons at the scene present an imminent threat of violence or bodily harm to persons or damage to property or where law enforcement officers or agencies are required to defend themselves or other persons or property against imminent threat of violence.
4. For purposes of this section, “chemical agents” includes, but is not limited to, mace or oleoresin capsicum spray; mist, pepper spray, or pepper gas; tear gas; skunk; inert smoke; pepper pellets; and xylyl bromide.

Preach.

Rep. Vicky Hartzler (r): jump on that publicity stunt bandwagon

08 Sunday Oct 2017

Posted by Michael Bersin in social media

≈ 1 Comment

Tags

4th Congressional District, First Amendment, Mike Pence, Misouri, protest, social media, Twitter, Vicky Hartzler

Representative Vicky Hartzler (r) [2016 file photo].

Today, from Representative Vicky Hartzler (r), via Twitter:

Rep. Vicky Hartzler‏ @RepHartzler
I applaud VP @mike_pence for standing for our, our military, & our country by not supporting those who take a knee rather respecting same.
3:44 PM – 8 Oct 2017

Some of the comments reacting to Representative Hartzler’s (r) cheerleading for Mike Pence’s publicity stunt:

In other words? You don’t understand the First Amendment either. Resign.

A photo op ordered by racist leader. Do u know why people are kneeling Vicky? Do u care? Or is big lobby $ more important than 1st amend?

It was a publicity stunt that cost taxpayers thousands of dollars. So, thanks for wasting my money to try and make your party look cool

Morally Bankrupt Pence Stages Fake Outrage. No Comments on KLAN RALLY. Vicky, You can;t wrap everything in patriotism.

If anything it’s you & the right who are being disrespectful by brining the flag, anthem, and military into a debate they have nothing to…
…to do with. You’ve hijacked legitimate peaceful, silent protest & made it about patriotism and race. Shameful, transparent, irresponsible

You are not a serious person. Tweeting on this subject is not helping anyone. It’s an embarrassing fundraising tweet.

how do you feel about the wasted tax payers money btw?

Constitution mean much to you?

He wasted taxpayer money on a flight for a pre-planned political stunt. And you support that? You are truly horrible.

You should focus on WHY ppl are taking a knee. Some of it has to do with our white supremacist govt & ppl like yourselves who are hateful.

58 people were murdered and 500 more shot on the streets of an American city last week, and this is what you’re concerned with?

Paid protester < real protester

Protesting injustice is supporting the flag twit, I spent time in a combat zone, you?

You misunderstand & intentionally misconstrue the purpose of kneeling. Reason has always been to protest police violence and racism.

So Mike Pence can exercise his 1st Amendment right, but athletes can’t? How does this work, exactly?

And as usual you’re missing the point. These athletes taking a knee aren’t protesting the military. You’re being obtuse.

It was a stunt that Doltard J Trump put him up to, all fake patriotism down to years old picture he tweeted. Y’all say nothing about racism

You are unfit for office if you don’t understand the constitution and the right to protest. Delete your account & resign.

You are a fake patriot ignoring the injustices that are suffered under the “protection” of law enforcement. The VP wasted taxpayers money.

Why would you voluntarily inject yourself into an already failing stunt?

In 1943, in a time of war, no less:

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624
“….If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us….”

High or petty.

“…Compulsory unification of opinion achieves only the unanimity of the graveyard…”

24 Sunday Sep 2017

Posted by Michael Bersin in Resist, social media

≈ 3 Comments

Tags

#resist, Donald Trump, First Amendment, free speech, Jason Kander, missouri, social media, Twitter

Today, via Twitter, from Jason Kander (D):

Jason Kander‏ @JasonKander
Patriotism isn’t about making everyone stand and salute the flag.

Patriotism is about making this a country where everyone wants to.
10:51 AM – 24 Sep 2017

This was all settled in 1943:

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624

If you don’t like something that someone else says or does as a First Amendment expression of dissent, fine. Use the First Amendment to the best of your ability to disagree.

However, no official, high or petty (in Donald Trump’s case – petty), nor the government has a say in approving or disapproving the content of your First Amendment expression, including your choice to participate in or not participate in “patriotic” doctrine.

The Pledge of Allegiance was written by Francis Bellamy, a socialist minister, in the late 19th century for a children’s magazine with the intent that it was to be used by children in ceremonies celebrating the Columbian Exposition. The original text: “I pledge allegiance to my flag and to the republic for which it stands, one nation, indivisible, with liberty and justice for all.” Subsequent additions were made by others in the 1920s during the red scare (so immigrant children would know which flag they were saluting?) and during the Eisenhower Administration (because of fears of godless communism).

The U.S. Flag Code people keep citing as a point of law? It has the same force as Congressional resolutions commemorating motherhood, apple pie, and National Groundhog Day. By the way, that same flag code states that the image of the flag not be used as clothing or on disposable paper products (like napkins and plates) or on advertising. Good luck with that one, huh.

The Constitution and U.S. Supreme Court have long ago decided the primacy of the First Amendment.

So, why have the national anthem sung or performed at sporting events? As if there’s originalist intent expressed in the Constitution? Join in or not, it’s up to you. No one else.

So, today, if you so choose, exercise the First Amendment and take a knee to stick it to that ignorant petty tyrant occupying the White House.

Etched in stone

03 Saturday Jun 2017

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

First Amendment, Four Freedoms

A quaint reminder from 1952.

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