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SPRING 201 3 VICTORY! FOR STUDENT RIGHTS ZACCARI FOUND LIABLE EASTERN KENTUCKY DEPAUL STUDENT UC DAVIS PROF.’S UNIVERSITY EARNS PUNISHED FOR ACADEMIC FREEDOM GREEN LIGHT P.5 EXPOSING VANDALS P. 9 VIOLATED P.10 F IR E A NNOU N CES 2013 SUMMER CO N FEREN CE P.8 LETTER FROM Associate Director, Campus Freedom Network S chool may be ending soon, but summer will be no vacation for us here at FIRE! The summer months give us a chance to focus on projects. They also explore FIRE-related issues by ex- amining the philosophy of education, especially our efforts to change the On Liberty and the due culture on college campuses. Throughout the process violations illustrated JACLYN HALL year, in case after case, we see students “un- in Harry Potter. Our interns return to campus learning liberty” in college. Students are taught as vocal advocates for free speech, and many that they have fewer rights than they actually have successfully reformed speech codes at do and—even worse—that censorship is a just schools like the College of William & Mary, response to opinions they disagree with or speech Indiana University, and the University of North they find offensive. FIRE’s summer programs Carolina. You will definitely be hearing about prepare students to counter these arguments the 2013 interns’ accomplishments in The FIRE and stand up for free speech and open debate Quarterly over the next year! at their schools. In July, the FIRE staff and interns will head to Bryn In June, we will welcome a new class of undergrad- Mawr College for FIRE’s sixth annual summer uate and legal interns from around the country conference, the only national conference where to our Philadelphia office. The summer internship students from across the political and ideologi- is one of FIRE’s longest-running programs, and, cal spectrum come together to learn about how as a former FIRE intern myself, I can honestly to protect individual rights on their campuses. say it is a life-changing experience. Our interns More than 50 student leaders from around the help support our work with research and writing country will hear from First Amendment experts, FIRE staff members, and each other about how to confront campus censorship. This year, our distinguished speakers will include author Juan Williams, journalist Megan McArdle, and First Amendment attorney Bob Corn-Revere. For many students, FIRE’s internship or confer- ence is the first time they hear about how bad the epidemic of campus censorship has become (it certainly was for me). For others, these pro- grams provide much-needed confirmation that they are not alone in opposing the censorship they have seen and experienced. Thanks to your generous support, we will spend Summer 2013 encouraging students to find their voices and defend their rights when they return to campus FIRE’S 2012 SUMMER INTERNS next fall. Jaclyn Hall 01 SPRING 2013 cover story VICTORY FOR STUDENT RIGHTS: JURY FINDS FORMER COLLEGE PRESIDENT LIABLE FOR $50,000 O n February 1, a federal jury found former Valdosta State University (VSU) President Ronald M. Zaccari personally liable for $50,000 for violating the due process rights of former student Hayden Barnes in the case of Barnes v. Zaccari. In May 2007, Zaccari expelled Barnes for peacefully protesting the president’s plan to construct two parking garages on campus, calling a collage posted by Barnes on his personal Facebook page a “threatening document” and labeling Barnes a “clear and present danger” to VSU. Barnes first came to FIRE for help in October 2007. Barnes’ ordeal began in the spring of 2007, when he protested Zaccari’s plan to construct two new parking garages on campus at a cost of $30 million. By posting flyers and sending emails HAYDEN BARNES to Zaccari, student and faculty governing bodies, and the Board of Regents of the University a parking deck, and the caption “S.A.V.E.— System of Georgia, Barnes expressed his con- Zaccari Memorial Parking Garage.” Given no cerns and proposed what he saw as environmen- notice or opportunity to defend himself, Barnes tally friendly alternatives. Barnes also penned a came to FIRE for help in October 2007. letter to the editor of the VSU student newspaper about the proposed parking garage plans and February’s verdict followed five years of litigation, wrote to Zaccari to ask for an exemption from both at the trial and appellate levels. In January the mandatory student fee designated for funding 2008, Barnes filed suit in cooperation with emi- the construction. nent First Amendment attorney and FIRE Legal Network member Robert Corn-Revere of Davis In response to Barnes’ activism, Zaccari Wright Tremaine in Washington, D.C., and Cary personally ordered that he be “administratively Wiggins of Wiggins Law Group in Atlanta. Davis withdrawn” from VSU in May of 2007, ignoring Wright Tremaine associates Lisa Zycherman and the concerns raised by members of his admin- Erin Reid also worked on the case. istration about this course of action. Zaccari absurdly claimed that Barnes presented a “clear In September of 2010, the U.S. District Court and present danger” to both Zaccari and the for the Northern District of Georgia found that VSU campus on the basis of a cut-and-paste because Zaccari expelled Barnes without notice collage Barnes had posted on his Facebook or a hearing, Zaccari violated Barnes’ constitu- page. The collage included pictures of Zaccari, tional right to due process. In its opinion, the SPRING 2013 02 “This is a victory for me but it’s also a victory for students everywhere. I hope that other college administrators take heed and see that violating students’ rights can be costly and that they will be held accountable.” -Hayden Barnes District Court ruled that since Zaccari ignored “We are very pleased to have secured a just “clearly established” law in punishing Barnes, outcome for Hayden,” said Corn-Revere. Zaccari could not avail himself of the defense of “qualified immunity” and could be found “After five years, I finally feel vindicated,” said personally liable for damages. Barnes. “This is a victory for me but it’s also a victory for students everywhere. I hope that Zaccari and the Board of Regents appealed other college administrators take heed and see the District Court’s ruling to the United States that violating students’ rights can be costly and Court of Appeals for the Eleventh Circuit in that they will be held accountable. I thank my October 2010, and oral arguments in the case legal team and FIRE for making this victory were heard in Montgomery, Alabama, in No- possible and my friends and family for standing vember 2011. The Eleventh Circuit upheld the by me through this difficult fight.” District Court’s denial of qualified immunity to Zaccari, finding that Barnes “had a clearly FIRE has aided Barnes since learning of his established constitutional right to notice and a case in October 2007. FIRE wrote repeatedly hearing before being removed from VSU.” Joined to Board of Regents officials, urging them to by 14 other organizations from across the ideo- undo VSU’s unlawful actions and uphold the logical spectrum concerned about student rights Constitution within the university system. Under on public campuses, FIRE authored and filed an pressure from FIRE and the federal lawsuit amici curiae brief with the Eleventh Circuit in against Zaccari and other VSU administrators, April 2011 urging the court to reach that result the Board of Regents finally reversed Barnes’ with the assistance of Atlanta-based attorney expulsion early in 2008, and Zaccari retired Cory G. Begner of Begner & Begner, PC. months earlier than planned. Under further pressure from FIRE, then-VSU President Patrick Following the Eleventh Circuit’s ruling, the case J. Schloss dismantled VSU’s unconstitutional free returned to federal district court. The trial began speech zone in September 2008. on Monday, January 28, 2013, before the United States District Court for the Middle District “College administrators have been blatantly of Georgia, Valdosta Division, and ended on and willfully violating student rights for decades, February 1 with the verdict in Barnes’ favor. but they have far too often dodged personal In addition to the $50,000 judgment, attorneys’ responsibility. Not so today,” said FIRE President fees still remain to be assessed against the losing Greg Lukianoff. “We hope this serves as a much- party. Barnes’ separate breach of contract claim needed wake up call to college administrators against the Board of Regents remains pending that it’s time to start paying close attention to in state court. the basic rights of their students.” 03 SPRING 2013 in action FIRE CLEARS WAY FOR ‘EMPTY HOLSTER’ PROTEST AT SANTA FE COLLEGE A fter FIRE’s intervention in February, Santa Fe College allowed an “empty holster” pro- test to proceed on campus, despite attempts by campus police to prohibit the event. On January 9, Young Americans for Liberty (YAL) representative Adam Edwards announced the group’s intention to hold an empty holster protest on campus at a meeting of Santa Fe’s Student Government Senate. Empty holster protests, in which students wear empty gun holsters to symbolically protest laws prohibiting EMPTY HOLSTERS USED IN SANTA FE YAL PROTEST. Photo By Jared East students from carrying concealed handguns on campus, have been held peacefully and without block the protest violated the First Amendment. incident on dozens of campuses in recent years TCC ultimately paid $240,000 in attorneys’ fees and constitute protected political expression. for ignoring the Constitution. Upon learning of YAL’s planned protest, Santa Fortunately, President Sasser quickly responded Fe College Director of Student Life Dan Rodkin to FIRE’s letter and acknowleded YAL’s First requested that Edwards meet with him and Amendment rights. In his response, Sasser made college Chief of Police Ed Book to discuss the clear that YAL would encounter no administra- event. Edwards and YAL President Josh Norris tive or police opposition to its empty holster reported that, during the meeting, Book signaled protest, stating that “[t]he First Amendment strong opposition to the protest, stating that he is of paramount importance to our mission to would draw his firearm on protest participants educate students and prepare them to be leaders seen wearing empty holsters. (Book later denied in our society.” Sasser further stated that Santa making this statement.) Book also reportedly Fe and its police department “recognizethe stated that he would consult with legal authori- importance of spirited and intellectual debate.” ties in an attempt to block the event. YAL successfully held its empty holster protest in early February without incident. FIRE wrote to Santa Fe College President Jack- son N. Sasser on January 30, making clear that “We’re always pleased to see a college president YAL’s empty holster protest was fully protected clearly acknowledge the First Amendment rights by the First Amendment. FIRE reminded Santa of his students,” said Peter Bonilla, associate Fe of Tarrant County College (TCC) in Texas, director of FIRE’s Individual Rights Defense which for two years refused to allow empty holster Program. “Other colleges should keep President protests. The censored students sued TCC, and Sasser’s recognition of ‘the importance of spirited a federal district court ruled that TCC’s reliance and intellectual debate’ in mind when they on a policy prohibiting “disruptive activities” to encounter expression on divisive issues.” SPRING 2013 04 in action EASTERN KENTUCKY UNIVERSITY EARNS “GREEN LIGHT” RATING E astern Kentucky University (EKU) eliminat- ed all of its speech codes in early February, earning FIRE’s highest, “green light,” rating for free speech. While the overwhelming majority of the nation’s colleges and universities maintain policies that clearly and substantially restrict freedom of speech, EKU is now a proud exception as one of just 16 schools nationwide to earn a green light and as Kentucky’s first green Harris, FIRE’s director of Speech Code Research, light school. EKU administrators worked with and Michael Reagle, EKU’s associate vice presi- FIRE attorneys to ensure compliance with the dent for student affairs, led the effort. First Amendment. While there are only 16 green light schools “It pleases me very much that Eastern Kentucky nationwide, EKU is the seventh university in just University has joined the ranks of FIRE’s green the last three years to earn the designation. This light institutions,” said EKU President Dr. Doug positive trend reflects growing awareness of free Whitlock. “Our universities need to be places speech issues on campus, as well as increased where thoughts and ideas are expressed openly cooperation between students, administrators, and freely consistent with the letter and spirit of and FIRE. the First Amendment. That is our commitment at EKU. We are most appreciative of the help “The entire Eastern Kentucky University com- the FIRE staff has been in helping us reach munity should feel extremely proud,” said FIRE this distinction.” President Greg Lukianoff. “The university’s commitment to First Amendment rights has FIRE began working on speech code reform with made the university a shining example of how to EKU administrators in August 2012. Samantha respect and protect free expression on campus.” SPEECH CODE OF THE QUARTER FIRE announces its Speech Code of the Quarter: Wesleyan University. While Wesleyan is private, it promises its students freedom of speech. Yet Wesleyan’s Student Handbook prohibits any “actions that may be harmful to the health or emotional stability of the individual or that degrade the individual or infringe upon his/her personal dignity”—a policy that stifles free expression and leaves students’ rights at the mercy of the most sensitive members of the university community. 05 SPRING 2013 on campus FIRE ANNOUNCES 2012 ESSAY CONTEST WINNERS F IRE’s annual essay contest reaches out to high school students as part of our “Know Before You Go” initiative, alerting them to the physical torture occurred. While most people had no idea that a better life was possible outside of the Soviet Union, my parents knew better, and threat of censorship before they get to they decided to move to the United campus. This year, more high school States where they knew their basic students than ever before—nearly rights and liberties would be constitu- 3,200—submitted essays explaining tionally guaranteed. Because of what why they believe free speech is impor- my parents went through, I’ve always tant in higher education. been aware of how important and precious the right to free speech is and Mark Gimelstein, a senior at Great how easily it can be taken away. As Neck South High School in Great MARK GIMELSTEIN someone who is never afraid to express Neck, New York, won first prize for his essay and his views at school, even though they often dif- will receive a $10,000 college scholarship. Nora fer from those of my classmates, I look forward Faris of Concordia High School in Concordia, to college because of all of the opportunities it Missouri, took second place and will receive a offers to become even more politically informed $5,000 college scholarship. Our three third-place and engaged. However, our country’s colleges winners (for $1,000 scholarships) are Alexandra and universities—despite being elite institutions Crum, Hannah Dent, and Asheshananda of learning in the freest nation in the world— Rambachan. The winners of our $500 schol- instead often choose to indoctrinate students, arship drawing are Clayton Hammonds Jr., silence independent thought, and enforce politi- Minhi Kang, Hannah Rasmussen, and Brian cal correctness upon the student body. It is clear Shouse. that these policies contradict the very mission of higher education, whose advancement is FIRE thanks all of the participants in this year’s inextricably linked to the exercise of free speech. essay contest and wishes a hearty congratula- tions to all of the winners! FIRE also thanks the When students enter institutions of higher educa- Sandra and Lawrence Post Family Foundation tion, they have entered a moment in their lives for its generosity in making the 2012 essay when their political and intellectual curiosity is at contest possible. a peak. In an environment of learning, students are supposed to be encouraged to explore and The Audacity of Independent Thought make themselves into well-rounded individuals by Mark Gimelstein with their own thoughts and beliefs. After leaving Before my parents left the Soviet Union in the behind the restrictive, routine-based world of 1980s, they lived under an oppressive regime high school, college students should have the where the concept of free speech did not exist. autonomy to make their own decisions in order Anyone perceived to be critical of the government to make the transition from naïve teenagers into was threatened, imprisoned in the gulags, or even mature adults. As a result, when students like detained in psychiatric wards where mental and Andre Massena from Binghamton University and SPRING 2013 06 Hayden Barnes from Valdosta State University can say, think, or even wear, universities have are seen protesting against their professors and constantly tried to interfere with and take away universities for social justice, environmentalism, their students’ First Amendment rights. and other issues by putting up posters or flyers and sending emails expressing their concerns, If injustices like these do not stop, what are the it should be considered a victory for higher benefits of higher education? What is the point of education. When incoming freshmen from the going to an institution in the hopes of pursuing University of Delaware express a wide variety interests and enlightening oneself? of differing beliefs concerning politics, race, sexuality, and other issues of the day, it should be College students, of all people, demonstrate their seen as a positive step toward real dialogue and drive for knowledge, which requires the ability to understanding among the student body. When think freely and ask important, critical questions. students like Keith John Sampson of Indiana Colleges and universities claim the pursuit University-Purdue University Indianapolis read of knowledge as their goal, yet the attempted books that interest them in order to educate censorship of free speech, which has been themselves, we should view this as a success for ongoing for many years, is not compatible the university. with this idea. Higher education as a principle promotes people pursuing their own interests However, all of these students who engaged in and enlightening themselves with the multitude activism or exercised their right to free expres- of resources and the autonomy that colleges sion were not celebrated by their universities, and universities provide. Free speech naturally but rather condemned and punished. Student develops when people are allowed to educate activists like Andre Massena and Hayden Barnes and develop their ideologies and discuss them were threatened or nearly expelled for having with others. When this liberty is highly censored the nerve to express a concern or gripe with a and taken away, education becomes fundamental- school’s policies. Many colleges have vigorously ly different. Public discourse slowly withers away tried to cleanse the ideologies of their students as the opinions of most students and teachers and make them only believe the views approved become exactly the same. Creativity disappears by the school. At the University of Delaware, without any individuality, which is completely university officials took “diversity training” too counterproductive to the overall higher educa- far by asking intrusive questions and making tion experience. People are bullied into a corner their students feel polarized and guilty for having where political and intellectual diversity ends unique personal beliefs. Keith John Sampson, and the homogenization of “socially acceptable” on the other hand, was charged with violat- opinions begins. ing school policy for reading literature that his university deemed politically incorrect and It is impossible for higher education to exist as considered hazardous to its students. These are it was originally intended without the guarantee just a few of the many cases in which colleges of First Amendment rights to all. Both freedom and universities across the United States grossly of speech and higher education are complements violate their students’ rights to speak freely, to each other—without one, the other fails to which are guaranteed by the Constitution and survive. The fight to preserve this sacred liberty nearly always by the university itself. From free will be an ongoing battle, but students must per- speech zones, which isolate students into a part severe to ensure that the freedom of speech is of campus that is far too small to accommodate protected in the present and continues to be for the massive student body, to speech codes, respected by higher education institutions which unreasonably prohibit what students throughout the United States in the future. 07 SPRING 2013 on campus FIRE’S 2013 SUMMER CONFERENCE Featuring Juan Williams, Megan McArdle, and Bob Corn-Revere F IRE is thrilled to announce that the 2013 Campus Freedom Network Conference will be held July 19–21 at Bryn Mawr College, just education and the shifting value and meaning of a college degree in our society. outside of Philadelphia. BOB CORN-REVERE, a partner at the law firm of Da- vis Wright Tremaine in Washington, D.C., and a Our conference brings together college students leading expert on First Amendment law, who has from across the political spectrum and around represented student Hayden Barnes in his case the country who care about free speech, and against Valdosta State University administrators. inspires them to protect and celebrate freedom of expression on their campuses. Each student who attends will also receive a free copy of FIRE President Greg Lukianoff’s new The 2013 conference will feature an impressive book, Unlearning Liberty, and will hear from group of speakers, including: FIRE staff and fellow students who fought back when their free speech rights were violated. The JUAN WILLIAMS, a noted author and journalist conference will open with a reception on Friday for Fox News and The Washington Post. When afternoon and close with lunch on Sunday. Williams was fired from NPR in 2010, it sparked a national discussion about the negative impact The conference is FREE and open to current of political correctness on American discourse, students at U.S. colleges and universities, including as chronicled in his book Muzzled: The Assault on graduate students and incoming freshmen. Room, Honest Debate. board, and meals will be provided for attendees. Up to $300 will be reimbursed for travel expenses MEGAN MCARDLE, a special correspondent for to and from Bryn Mawr. Newsweek and The Daily Beast covering business, economics, and public policy. McArdle has Encourage the students in your life to register written extensively about the rising cost of higher today at thefire.org/conference! STUDENTS MAKING A DIFFERENCE ON CAMPUS FIRE’s Student Spotlight series highlights some of the amazing work being done by students to secure free speech rights for themselves and their peers on campus. Students like these are the key to changing the culture of censorship on college campuses: Danielle Susi & The Quad News Staff, Quinnipiac University; Chris Morbitzer ’12, University of Cincinnati; David Deerson ’13, University of North Carolina at Chapel Hill; Morgan Freeman, Sam Houston State University; Alex McHugh ’14, American University. If you know of an outstanding student or student group that is promoting free speech on campus, nominate them for Student Spotlight by emailing firstname.lastname@example.org. SPRING 2013 08 rights at risk DEPAUL PUNISHES STUDENT FOR EXPOSING VANDALS OF PRO-LIFE DISPLAY D ePaul University student Kristopher Del Campo has been placed on probation for publicly posting the names of 13 students who During the course of the investigation, 13 DePaul students admitted to throwing away the flags. DePaul Assistant Dean of Students vandalized his organization’s pro-life display. Domonic Rollins provided Del Campo with a Del Campo was found responsible for multiple report of the students names, which the national conduct violations, including one that absurdly YAF organization posted on its website. Three brands the publication of the students’ names as days later, DePaul notified Del Campo that he “disorderly, violent, intimidating or dangerous.” was suspected of violating the Code Of Student Responsibility. DePaul charged Del Campo with On January 22, 2013, the DePaul chapter of “Disorderly, Violent, Intimidating or Dangerous Young Americans for Freedom (YAF) attained Behavior,” which entails “creat[ing] a substan- the required permits and planted 500 pink and tial risk of physical harm,” “causing significant blue flags in the campus quad to commemorate emotional harm,” and “bullying.” the 40th anniversary of Roe v. Wade. That after- noon, several DePaul students tore the flags from FIRE wrote to DePaul’s president, Rev. Dennis the ground and threw them in trash cans around Holtschneider, on February 21, making clear that campus. DePaul’s Department of Public Safety students like Del Campo must be free to publicly investigated the incident after Del Campo—who identify the students who commit crimes against is the DePaul YAF chapter chairman—reported them. FIRE also pointed out that labeling Del the vandalism. Campo as a potentially dangerous threat for doing so was absurd and made a mockery of DePaul’s free speech promises. Nevertheless, DePaul found Del Campo re- sponsible for the charge of “Disorderly, Violent, Intimidating or Dangerous Behavior,” as well as a charge related to “Judicial Process Compliance.” Del Campo has been placed on disciplinary probation and is prohibited from all contact with the students named in the public safety report. DePaul has also required that Del Campo complete a reflection letter as an “Educational Project.” Though DePaul upheld Del Campo’s punishment on March 21, FIRE continues to advocate for his rights and call public attention to DePaul’s wrongdoing. BYRNE HALL ON DEPAUL CAMPUS 09 SPRING 2013 UC DAVIS IGNORES COMMITTEE FINDINGS THAT PROFESSOR’S ACADEMIC FREEDOM WAS VIOLATED F or more than two years, University of Cali- fornia, Davis, School of Medicine professor Michael Wilkes has dealt with promised FIRE and the UC Davis faculty that it would conduct a thorough investigation of CAFR’s findings. threats to his academic free- dom and free speech that have In January 2013, however, an chilled faculty expression at administrative review panel the California university. FIRE largely rejected the findings of has been working with Wilkes the CAFR report. While the to vindicate his rights. panel did find that the health system counsel’s letter to In September 2010, Wilkes co- Wilkes had been inappropri- authored a column in the San ate and could reasonably be Francisco Chronicle, criticizing construed by faculty members a prostate cancer screening UC DAVIS MEDICAL CENTER as a threat against their rights, method he saw as seriously flawed. Wilkes it rejected CAFR’s report in other key areas also criticized UC Davis for co-sponsoring a without substantiation. symposium he felt excessively promoted this screening method. Among the findings rejected was CAFR’s deter- mination that the timing of Meyers’ email to Within hours of the column’s publication, Wilkes Wilkes (received mere hours after his column’s received an email from Executive Associate publication) had been highly suspicious and Dean Fred Meyers, notifying him of UC Davis’ likely motivated by the content of Wilkes’ column. intent to reduce his teaching responsibilities The report asserted that the timing had been and cut funding for an exchange program he coincidental and that the column had not, in helped administer. An attorney for the UC fact, been published before Meyers sent his email Davis Health System later threatened that to Wilkes. This, however, contradicts CAFR’s Wilkes could be liable for “defamation” on the thoroughly documented report, in which Meyers basis of the column. not only admitted to reading the column before emailing Wilkes, but also stated that his email The UC Davis Academic Senate’s Committee on had been “intemperate” and that he wished he Academic Freedom and Responsibility (CAFR) had not sent it. investigated Wilkes’ case and, in May 2012, issued a comprehensive report finding that UC Davis Such inconsistencies as these raise basic questions had violated his academic freedom. The full Aca- about the credibility of UC Davis’ investigation, demic Senate unanimously passed a resolution and UC Davis faculty have heavily criticized calling on UC Davis to apologize to Wilkes and the report. FIRE’s serious concerns for Wilkes’ withdraw the threats made against his academic academic freedom have not been allayed, either, freedom. FIRE wrote to UC Davis expressing and we continue to help in the fight for academic its concerns for Wilkes’ rights, and UC Davis freedom at UC Davis. SPRING 2013 10 how to reach us... 170 S. Independence Mall W. Philadelphia, PA 19106 215.717.3473 tel 215.717.3440 fax www.thefire.org Facebook: facebook.com/thefireorg Twitter: @theFIREorg YouTube: youtube.com/thefireorg ABOUT THIS PUBLICATION The FIRE Quarterly is published four times per year by the Foundation for Individual Rights in Education. The mission of FIRE is to defend and sustain individual rights at America’s colleges and universities. These rights include freedom of speech, legal equality, due process, religious liberty, and sanctity of conscience—the essential qualities of individual liberty and dignity. FIRE’s core mission is to protect the unprotected and to educate the public and communities of concerned Americans about the threats to these rights on our campuses and about the means to preserve them. FIRE is a charitable and educational tax-exempt foundation within the meaning of Section 501(c)(3) of the Internal Revenue Code. Contributions to FIRE are deductible to the fullest extent provided by tax laws.
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