Posts Tagged ‘strip searches’

Transforming America’s Schools into Authoritarian Instruments of Compliance

Posted: October 8, 2013 in Uncategorized
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“To the degree that we take away play, we deprive children of the ability to practise adulthood, and we create people who will go through life with a sense of dependence and victimisation, a sense that there is some authority out there who is supposed to tell them what to do and solve their problems. That is not a healthy way to live.” – psychologist Peter Gray

These days, it is far too easy to rattle off the outrageous examples of zero tolerance policy run amok in our nation’s schools. A 14-year-old student arrested for texting in class. Three middle school aged boys in Florida thrown to the ground by police officers wielding rifles, who then arrested them for goofing off on the roof of the school. A 9-year-old boy suspended for allegedly pointing a toy at a classmate and saying “bang, bang.” Two 6-year-old students in Maryland suspended for using their fingers as imaginary guns in a schoolyard game of cops and robbers. A 12-year-old New York student hauled out of school in handcuffs for doodling on her desk with an erasable marker. An 8-year-old boy suspended for making his hand into the shape of a gun, in violation of the school district’s policy prohibiting “playing with invisible guns.” A 17-year-old charged with a felony for keeping his tackle box in his car parked on school property, potentially derailing his chances of entering the Air Force. Two seventh graders in Virginia suspended for the rest of the school year for playing with airsoft guns in their own yard before school.

Thus, it’s tempting, when hearing about the 7-year-old suspended for chewing his Pop-Tart into the shape of a gun to chalk it up to an isolated example of school officials lacking in common sense. However, as I point out in my book A Government of Wolves: The Emerging American Police State, these incidents are far from isolated, occurring as they have for the better part of the past 30 years under the guise of maintaining safety and security in the schools. They are part of a concerted, top-down approach to creating a generation of obedient worker-bees content to be directed, distracted and kept in line.

Despite a general consensus that zero tolerance policies have failed to have any appreciable impact on student safety, schools have doubled down on these policies to the detriment of children all across the nation. Indeed, the zero tolerance mindset is so entrenched among school administrators all over America that we are now seeing school officials reaching into the personal lives of students to police their behavior at all times. For example, 13,000 students in the Glendale Unified School District in California are now being subjected to constant social media monitoring by school officials. Superintendent Richard Sheehan has hired private firm Geo Listening to analyze the public social media posts of students both off and on campus. Whether on Twitter, Facebook, YouTube, or any other social media platform, students will have their posts and comments analyzed for evidence of “bullying, cyber-bullying, hate and shaming activities, depression, harm and self harm, self hate and suicide, crime, vandalism, substance abuse and truancy.”

Unfortunately, the Glendale program is simply one component of a larger framework in which all student activity is treated as an open book by school administrators. What we are witnessing is a paradigm shift in American society, in which no personal activity is safe from the prying eyes of government agents and their corporate allies. Every decision and action, no matter how innocent, is scrutinized, analyzed, filed, stored, and eventually held against you when those in power feel like it.

When one pulls back the veil of zero tolerance, one can see the real culprit is the corporate-state, which has been meticulously applying the zero tolerance mindset to not just public schools in America, but our workplaces, our political forums, our social interactions and even our own homes. The end result is a society which is completely pacified and willing to march in lockstep with the corporate-state.

Government officials have worked hard to indoctrinate Americans into the belief that everything you do is suspect, and anything you do can be held against you at a later date. This mindset is clear in all aspects of society, from zero tolerance policies in our nation’s schools, to SWAT team raids in our neighborhoods, from the NSA’s surveillance of all Americans’ communications, to the corporate-state’s insistence that people aren’t capable of managing their own affairs. More and more people are becoming suspicious of others, quick to judge, and more than willing to follow the government’s dictates, however irrational and immoral they may be.

This manner of thinking has been slowly adopted by many Americans, but more worrisome is the manner in which it’s being foisted upon our nation’s youth. We are now living in an era in which childhood as it was once understood, a time to learn, to make mistakes, to try and fail, to try again and succeed, has been replaced by the worst elements of corporate and government culture. Children are treated as workers and prisoners, collected, corralled and controlled by teachers who increasingly act as bureaucrats, forced to fit every child into the exact same mold, regardless of their personal abilities and talents. This mindset is apparent among the proponents of the Common Core Testing Standards which threaten to unleash a new system of standardized testing on a new generation of kids.

As communications consultant Luba Vangelova has noted, the key attributes of a productive member of society are “a zest for life, creativity, perseverance, empathy, effective communication and the ability to cooperate with others. These are things that can’t be measured well – if at all – by tests.” Our obsession with testing leaves children without basic reasoning and analysis skills. They are taught to parrot information, rather than produce arguments. Their value is tied to letter grades and numbers.

Psychologist Peter Gray takes this criticism further, noting that children today are rarely allowed the opportunity to engage in undirected creative activity, also known as playing. Gray notes that since the 1960s, time for play has taken a backseat in the lives of children in favor of rigid curriculums revolving around high-stakes testing. Even sports, which were once simply games played on the fly by a mixed group of neighborhood kids, have taken on the rigidity of life in a factory or cubicle.  The obsession with quantifying childhood progress has gone so far that charter schools in DC are beginning to conduct high stakes testing for three and four year old children.

Over the same time period, incidences of childhood mental illness have steadily increased. The number of children and young adults suffering from major depression and generalized anxiety disorder have increased between five and eightfold since the 1950s. The suicide rate for 15 – 24 year olds has doubled, while the suicide rate for those under the age of 15 has quadrupled.

The rise in these mental illnesses is coupled with a decrease in empathy and an increase in narcissism in young people, indicating that their ability to work with others — as is necessary in a society — has been muted. We’re raising a generation of anxious individuals who expect their life’s direction to come to them from orders from above. In short, we’re creating a generation ingrained with an authoritarian mindset.

This authoritarian mindset is an unavoidable consequence of the American education system. Indeed, while so-called education reformers insist on more tests, pushing schools to emulate the Chinese, Japanese, and South Korean educational systems, they miss a big piece of the puzzle: educators in those countries consider their systems a failure. Despite performing better than American children on certain international standardized tests, Chinese educators have noted that Chinese students have also demonstrated a “lack of social and practical skills, absence of self-discipline and imagination, loss of curiosity and passion for learning.”

Despite this fact, states are pushing ahead with programs like Common Core, which not only threatens our children’s quality of education, but their privacy as well. A great deal of data will be collected under new guidelines proposed by the program. While the purposes of the data collection appear legitimate on their face, mainly focused on keeping track of student progress, we must keep in mind that we are living in the era of Big Data, in which information becomes currency between the government and their corporate benefactors. The data collected on students goes beyond test scores and includes “social security numbers, attendance records, records of interaction with school counselors, identification of learning disabilities, and even disciplinary records.” Of course, having all of this information about every misstep or mistake one has made through his whole life does not bode well in a society in which government and corporate authorities are happy to punish any minor mishap.

We are living in an era where every personal decision, such as where to work, where to shop, where to play, who to love, who to befriend, who to worship, what to believe, and what to say, is open to scrutiny by government officials and corporate managers. It’s a poisonous mentality for those hoping to preserve democracy, and it’s being foisted upon our children, whether in the form of bureaucrats fashioning one-size-fits-all educational standards, or police officers investigating innocent activities such as children playing in the street as possible crimes.

This situation will only get worse as our children are taught to accept the police state as normal. Between the regimes of zero tolerance, the surveillance of students both in school and in their homes, and the value placed in standardized testing over teaching analytical thinking skills, we are raising a generation which is being encouraged to adopt the authoritarian mindset which pollutes the minds of our government and corporate leaders. By allowing our children to be subject to the forces of the market and the dictates of the state, we are ensuring tyranny within a generation or two, if not sooner. — John W. Whitehead

The Police State Mindset in Our Public Schools

Posted: August 12, 2013 in Uncategorized
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“Is it surprising that prisons resemble factories, schools, barracks, hospitals, which all resemble prisons?” – Michel Foucault

Once upon a time in America, parents breathed a sigh of relief when their kids went back to school after a summer’s hiatus, content in the knowledge that for a good portion of the day their kids would be gainfully occupied, out of harm’s way and out of trouble. Those were the good old days, before school shootings became a part of our national lexicon and schools, aiming for greater security, transformed themselves into quasi-prisons, complete with surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs and strip searches.

Unfortunately, somewhere along the way, instead of making the schools safer, we simply managed to make them more authoritarian. It used to be that if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school. Nowadays, students are not only punished for transgressions more minor than those—such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight—but they are punished with suspension, expulsion, and even arrest.

As a result, America is now on a fast track to raising up an Orwellian generation—one populated by compliant citizens accustomed to living in a police state and who march in lockstep to the dictates of the government. Indeed, as I point out in my book, A Government of Wolves: The Emerging American Police State, with every school police raid and overzealous punishment that is carried out in the name of school safety, the lesson being imparted is that Americans—especially young people—have no rights at all against the state or the police. In fact, the majority of schools today have adopted an all-or-nothing lockdown mindset that leaves little room for freedom, individuality or due process.

For example, when high school senior Ashley Smithwick grabbed the wrong lunch sack—her father’s—on the way to school, the star soccer player had no idea that her mistake would land her in a sea of legal troubles. Unbeknownst to Ashley, the lunchbox contained her father’s paring knife, a 2-inch blade he uses to cut his apple during lunch. It was only when a school official searching through students’ belongings found the diminutive knife, which administrators considered a “weapon,” that Ashley realized what had happened and explained the mistake. Nevertheless, school officials referred Ashley to the police, who in turn charged her with a Class 1 misdemeanor for possessing a “sharp-pointed or edged instrument on educational property.”

Tieshka Avery, a diabetic teenager living in Birmingham, Alabama, was slammed into a filing cabinet and arrested after falling asleep during an in-school suspension. The young lady, who suffers from sleep apnea and asthma, had fallen asleep while reading Huckleberry Finn in detention. After a school official threw a book at her, Avery went to the hall to collect herself. While speaking on the phone with her mother, she was approached from behind by a police officer, who slammed her into a filing cabinet and arrested her. Avery is currently pursuing a lawsuit against the school.

In May 2013, seven students at Enloe High in Raleigh, North Carolina, were arrested for throwing water balloons as part of a school prank. One parent, who witnessed police slamming one of the arrested students on the ground, was also arrested for attempting to calmly express his discontent with the way the students were being treated.

Unfortunately, while these may appear to be isolated incidents, they are indicative of a nationwide phenomenon in which children are treated like criminals, especially within the public schools. The ramifications are far-reaching. As Emily Bloomenthal, writing for the New York University Review of Law & Social Change, explains:

Studies have found that youth who have been suspended are at increased risk of being required to repeat a grade, and suspensions are a strong predictor of later school dropout. Researchers have concluded that “suspension often becomes a ‘pushout’ tool to encourage low-achieving students and those viewed as ‘troublemakers’ to leave school before graduation.” Students who have been suspended are also more likely to commit a crime and/or to end up incarcerated as an adult, a pattern that has been dubbed the “school-to-prison pipeline.”

Moreover, as suspensions and arrests for minor failings and childish behavior become increasingly common, so does the spread of mass surveillance in our nation’s schools. In fact, our schools have become a microcosm of the total surveillance state which currently dominates America, adopting a host of surveillance technologies, including video cameras, finger and palm scanners, iris scanners, as well as RFID and GPS tracking devices, to keep constant watch over their student bodies.

For example, in May 2013, Polk County School District in Florida foisted an iris scanning program on its students without parental consent. Parents were sent a letter explaining they could opt their children out of the program, but by the time the letter had reached parents, 750 children had already had their eyes scanned and their biometric data collected.

Making matters worse, these iris scanning programs are gaining traction in the schools, with school buses even getting in on the action. As students enter the school bus, they will be told to look through a pair of binocular-like scanners which will either blink, indicating that the student is on the right bus, or honk, indicating that they’ve chosen the wrong one. This technology is linked with a mobile app which parents can use to track their child’s exact whereabouts, as each time their eyes are scanned the parent receives a print out with their photo and Google map location, along with a timestamp. Benefits aside, the potential for abuse, especially in the hands of those who prey on the young, are limitless. 

Insiders expect this emerging industry to expand beyond schools to ATMs, airports, and other high security areas within the next few years. It’s definitely big business. The school security industry, which includes everything from biometrics to video surveillance, was worth $2.7 billion in 2012 and is expected to grow by 80% over the next five years and be worth $4.9 billion by 2017.

Even so, promises of profit, safety and efficiency aside, it doesn’t bode well for our nation’s youth who are being raised in quasi-prisonlike school environments where they are treated as if they have no rights and are taught even less about the Constitution. It has been said that America’s schools are the training ground for future generations. If so, and unless we can do something to rein in this runaway train, this next generation will be the most compliant, fearful and oppressed generation ever to come of age in America, and they will be marching in lockstep with the police state.

For more on this and other issues, read my new book, A Government of Wolves: The Emerging American Police State.

Rutherford Institute Calls on U.S. Supreme Court to Protect Students from Random Lockdowns and Mass Searches by Police in Public Schools

Posted: June 13, 2013 in Uncategorized
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It’s bad enough that the government thinks it can violate our rights whenever it chooses and the populace accepts all manner of violations as long as they’re told it’s for their own good. However, once you start treating young people as if they have no rights by subjecting them to random lockdowns, mass searches, and drug-sniffing dogs, you’re not just violating their rights, you’re teaching them a horrific lesson—one that goes against every fundamental principle this country was founded upon—that we have no rights at all against the police state.

This is the principle at the heart of Burlison v. Springfield Public Schools, a case The Rutherford Institute has just appealed to the U.S. Supreme Court. Warning against the long-term ramifications of treating young people as if they have no rights, The Rutherford Institute has asked the U.S. Supreme Court to declare the use of random lockdowns, mass searches and drug-sniffing dogs in the public schools to be unconstitutional in violation of the Fourth Amendment’s prohibition on unreasonable seizures.

In appealing Burlison v. Springfield Public Schools to the high court, Rutherford Institute attorneys are challenging a Missouri school district’s policy of imposing a “lockdown” of the school for the purpose of allowing the local sheriff’s department, aided by drug-sniffing dogs, to perform mass inspections of students’ belongings. The U.S. Court of Appeals for the Eighth Circuit found the lockdown policy was a reasonable procedure to maintain the safety and security of students at the school. However, Rutherford Institute attorneys disagree, insisting that government officials should be required to show particularized suspicion for instituting such aggressive searches and should still be required to operate within the parameters of the Fourth Amendment.

The case started on April 22, 2010, when the principal of Central High School announced over the public address system that the school was going into “lockdown” and that students were prohibited from leaving their classrooms.  School officials and agents of the Greene County Sheriff’s Department thereafter ordered students to leave all personal belongings behind and exit the classrooms. Dogs were also brought in to assist in the raid. Upon re-entering the classrooms, students allegedly discovered that their belongings had been rummaged through. Mellony and Doug Burlison, who had two children attending Central High School, complained to school officials that the lockdown and search were a violation of their children’s rights. School officials allegedly responded by insisting that the search was a “standard drill” and policy of the school district which would continue.

The Rutherford Institute sued the school district in September 2010 on behalf of the Burlisons and their two children, asking a federal district court to declare that the practice of effecting a lockdown of the school and conducting random, suspicionless seizures and searches violates the Fourth Amendment to the U.S. Constitution and the similar provision of the Missouri Constitution. In its January 2012 decision, the district court declared that the random lockdown and mass searches did not violate students’ rights. In March 2013, the Court of Appeals affirmed the judgment, holding that the school’s interest in combatting drug use outweighed the privacy rights of students.

For  more on this and other pressing issues relating to the emerging police state in America, read my new book  A Government of Wolves: The Emerging American Police State, available now at Amazon.com.

Walking Narrow Line, U.S. Supreme Court Declares Use of Drug-Sniffing Dogs by Police to Carry Out Warrantless Searches of Homes Unconstitutional

Posted: March 26, 2013 in Uncategorized
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Walking a narrow line, the U.S. Supreme Court has ruled 5-4 in Florida v. Jardines that the use of drug-sniffing dogs by police to carry out warrantless searches of homes is unconstitutional.

In keeping with the Court’s recent decision in Florida v. Harris, in which the justices ruled unanimously that police may use drug dogs to conduct warrantless searches during traffic stops, the Court did not address the question of whether a drug dog’s sniff constitutes a violation of one’s reasonable expectation of privacy. Instead, the Court ruled that an officer bringing a drug-sniffing dog to the front of a home without a warrant constitutes an unconstitutional invasion of private property.

In an age in which the police can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts, it’s difficult to really celebrate this ruling given that it basically just gives a head nod to the Fourth Amendment. What we are experiencing today is a slow death by a thousand cuts, only it’s the Fourth Amendment being inexorably bled to death. It remains to be seen whether today’s ruling by the Supreme Court proves to be little more than a band-aid fix to a rapidly worsening condition.

Florida v. Jardines arose out of an incident that took place in November 2006, when Miami police responded to an “anonymous” tip that marijuana was being grown at the residence of Joelis Jardines. After police surveillance of the Jardines home failed to reveal any incriminating evidence, the police brought in a drug-sniffing dog and handler to inspect the property at 7:30 a.m. The police handler walked the dog up to the front door on a leash and the dog allegedly “alerted” to the scent of contraband, which was reported to the investigating police who also approached the door and allegedly smelled marijuana. Using this information, the police obtained a warrant to search the Jardines residence, resulting in the seizure of marijuana plants.

In court, Jardines’ lawyer moved to suppress the evidence obtained under the warrant, insisting that the warrant itself was invalid because of its reliance on the alert by the drug-sniffing dog. On appeal, the Florida Supreme Court ruled that the use of detection dogs at private residences raises significant privacy concerns. The U.S. Supreme Court, having ruled in previous cases that dog sniffs do not constitute “searches” for purposes of the Fourth Amendment, agreed to review the state court decision.

In weighing in on the matter, The Rutherford Institute had asked the Supreme Court to declare the warrantless use of drug-sniffing dogs in both scenarios, searches of homes and vehicles, to be unconstitutional in violation of the Fourth Amendment’s prohibition on unreasonable searches and seizures. In an amicus curiae brief filed with the U.S. Supreme Court in Florida v. Jardines, Institute attorneys cited mounting empirical evidence that narcotics detection dogs are unreliable and inaccurate, pointing out that both anecdotal evidence and research show that dogs frequently signal false alerts and show sensitivity to handler bias. Institute attorneys also pointed out that the amount of time it takes for the dogs to carry out a detection sniff on the perimeter of a private residence constitutes a trespass under Fourth Amendment jurisprudence.

The Court ruled unanimously in a similar case, Florida v. Harris, that police officers may use drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops. — John W. Whitehead

Vodcast: The U.S. Supreme Court: Architects of the American Police State

Posted: March 2, 2013 in Uncategorized
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The U.S. Supreme Court: Architects of the American Police State

Posted: February 25, 2013 in Uncategorized
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“The unspoken power dynamics in a police/civilian encounter will generally favor the police, unless the civilian is a local sports hero, the mayor, or a giant who is impervious to bullets.”—Journalist Justin Peters

From time to time throughout history, individuals have been subjected to charges (and eventual punishment) by accusers whose testimony was treated as infallible and inerrant. Once again, we find ourselves repeating history, only this time, it’s the police whose testimony is too often considered beyond reproach and whose accusations have the power to render one’s life over.

In the police state being erected around us, the police can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts. Making matters worse, however, police dogs—cute, furry, tail-wagging mascots with a badge—have now been elevated to the ranks of inerrant, infallible sanctimonious accusers with the power of the state behind them. This is largely due to the U.S. Supreme Court’s recent ruling in Florida v. Harris, in which a unanimous Court declared roadside stops to be Constitution-free zones where police may search our vehicles based upon a hunch and the presence of a frisky canine.

This is what one would call a slow death by a thousand cuts, only it’s the Fourth Amendment being inexorably bled to death. This latest wound, in which a unanimous Supreme Court determined that police officers may use drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops, comes on the heels of recent decisions by the Court that give police the green light to taser defenseless motorists, strip search non-violent suspects arrested for minor incidents, and break down people’s front doors without evidence that they have done anything wrong.

These are the hallmarks of the emerging American police state, where police officers, no longer mere servants of the people entrusted with keeping the peace, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens. Whether it’s police officers breaking through people’s front doors and shooting them dead in their homes or strip searching innocent motorists on the side of the road, in a police state such as ours, these instances of abuse are not condemned by the government. Rather, they are continually validated by a judicial system that kowtows to every police demand, no matter how unjust, no matter how in opposition to the Constitution.

The justices of the United States Supreme Court through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency have become the architects of the American police state.

The justices of the United States Supreme Court through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency have become the architects of the American police state.

In Florida v. Harris, for example, the Court was presented with the case of Clayton Harris who, in 2006, was pulled over by Officer William Wheetley for having an expired license tag. During the stop, Wheetley decided that Harris was acting suspicious and requested to search his vehicle. Harris refused, so Wheetley brought out his drug-sniffing dog, Aldo, to walk around Harris’ car. Aldo allegedly alerted to the door handle of Harris’ car, leading Wheetley to search the vehicle.

Although the search of Harris’ car did not turn up any of the drugs which Aldo was actually trained to detect, such as marijuana, Wheetley found pseudophedrine, a common ingredient in cold medicine, and other materials allegedly used in the manufacture of methamphetamine. Harris was arrested and released on bail, during which time he was again stopped by Officer Wheetley and again subjected to a warrantless search of his vehicle based upon Aldo’s alert, but this time Wheetley found nothing.

Harris challenged the search, arguing that the police had not provided sufficient evidence that Aldo was a reliable drug-sniffing dog, thus his supposed alert on Harris’ door did not give the officer probable cause to search the vehicle. The Florida Supreme Court agreed, ruling that police should be able to prove that the dog actually has a track record of finding drugs while in the field before it is used as an excuse for a warrantless search.

Unfortunately, the U.S. Supreme Court did not see it that way. In reversing the Florida Supreme Court’s ruling, the U.S. Supreme Court sided with police by claiming that all that the police need to do to prove probable cause for a search is simply assert that a drug detection dog has received proper training. As such, the Court has now given the police free reign to use dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside. The ruling turns man’s best friend into an extension of the police state.

The Supreme Court’s decision is particularly alarming when one considers that drug sniffing dogs, even expertly trained dogs with reliable handlers, are rarely accurate. One study demonstrated that dogs were incorrect in drug identification up to 60% of the time. A 2011 study published in Animal Cognition involved a series of tests, some designed to fool the dog and some designed to fool the handler. The dogs in these tests falsely alerted 123 out of a total of 144 times. When a test was designed to fool the handler rather than the dog, the dog was twice as likely to falsely alert.

As the Animal Cognition study shows, dogs are heavily influenced by the behavior and biases of their handlers. If an officer thinks he is likely to find something, whether due to personal bias or because he finds the suspect suspicious, he often cues his dog—consciously or unconsciously—to alert on the area to be searched.

The Supreme Court has now given the police free reign to use dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside. The Court’s ruling in Florida v. Harris turns man’s best friend into an extension of the police state.

Despite being presented with numerous reports documenting flaws in the use of drug-detection dogs, the U.S. Supreme Court opted to ignore plentiful evidence that drug dog alerts are specious at best. Moreover, the justices also chose to interpret Aldo’s failure to detect any of the drugs he was trained to find during the two sniff searches around Harris’ car as proof of Aldo’s superior sniffing skills rather than glaring proof that drug-sniffing dogs do make mistakes. Incredibly, the Court suggested that the dog alert was due to Aldo having smelled an odor that was transferred to the car door after the defendant used methamphetamine—a supposition that is nearly impossible to prove.

Law enforcement officials have come up with a slew of clever excuses to “explain” the not uncommon phenomenon of dogs that alert but fail to uncover drugs. For example, in 2008, U.S. border patrol agent Christopher Jbara claimed that a dog alerted to a car containing no drugs because the car’s window “had been washed by a window washer on the street… and the water used to clean it could have been contaminated with bong water.” The real reason may be that the odors which dogs are trained to detect are simply chemical compositions found in a number of common products. For example, to a dog, perfume may smell like cocaine, glue may smell like heroin, and mosquito repellant may smell like the drug ecstasy.

Unfortunately, the Supreme Court’s decision is merely the latest in a long line of abuses justified by an institution concerned more with establishing order and protecting government agents than with upholding the rights enshrined in the Constitution. For example, in 2011, the U.S. Supreme Court ruled 8-1 in Kentucky v. King that police may smash down doors of homes or apartments without a warrant when in search of illegal drugs which they suspect might be destroyed.  Despite the fact that police busted in on the wrong suspect in the wrong apartment, the Court sanctioned the warrantless raid, saying that police had acted lawfully and that was all that mattered.

In April 2012, a divided Supreme Court ruled in Florence v. Burlington that any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials, which involves exposing the genitals and the buttocks.

This “license to probe” is being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches without any evidence of wrongdoing and without a warrant. For example, Angel Dobbs and her niece, who were pulled over by a Texas state trooper on July 13, 2012, allegedly for flicking cigarette butts out of the car window, were subjected to roadside cavity searches of their anus and vagina. The officer claimed to be searching for marijuana. No marijuana was found.

With case after case stacking up in which the courts empower the police to run roughshod over citizens’ rights, the Constitution be damned, the outlook is decidedly grim. In fact, the U.S. Supreme Court still has to rule on another drug-sniffing, dog-related case, Florida v. Jardines, which challenges warrantless searches of individuals’ homes based on questionable dog alerts. For those hoping that our rights will be restored or at least protected, you could have a long wait.

Indeed, the next decision from the Supreme Court might just take the Fourth Amendment down for the count. — John W. Whitehead

The Age of Neo-Feudalism: A Government of the Rich, by the Rich, and for the Corporations

Posted: January 28, 2013 in Uncategorized
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“The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country’s equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas.” – Journalist Lewis Lapham

The pomp and circumstance of the presidential inauguration has died down. Members of Congress have taken their seats on Capitol Hill, and Barack Obama has reclaimed his seat in the White House. The circus of the presidential election has become a faint memory. The long months of debates, rallies, and political advertisements have slipped from our consciousness. Now we are left with the feeling that nothing has really changed, nor will it.

This is not by accident. The media circus leading up to the elections, the name calling in the halls of Congress, the vitriol and barbs traded back and forth among people who are supposed to be working together to improve the country, are all components of the game set up by those who run the show. The movers and shakers behind these engaging, but ultimately trite, political exercises are the elite, the so-called upper class, who benefit from the status quo. This status quo is marked by an economic crisis with no end in sight, by the slow but steady growth of a police state aimed at the lowest rungs of society, and a political circus which keeps us enraptured long enough that we don’t question what’s really going on.

Meanwhile, this elite, composed of corporations profiting off of our ignorance, avoid being brought to task for their destruction of democratic governance and the economy. These are the corporations who sent our economy into a tail spin and were then rewarded with taxpayer money. These are the corporations who write laws which eliminate real competition in the market in order to secure their profits through lucrative government contracts. These are the corporations who avoid criminal prosecution, and are instead slapped with meager fines which do nothing to halt their felonious activities.

We now live in a two-tiered system of justice and governance. There are two sets of laws: one set for the government and the corporations, and another set for you and me.

The laws which apply to the majority of the population allow the government to do things like rectally probe you during a roadside stop, or listen in on your phone calls and read all of your email messages, or indefinitely detain you in a military holding cell. These are the laws which are executed every single day against a population which has up until now been blissfully ignorant of the radical shift taking place in American government.

Then there are the laws constructed for the elite, which allow bankers who crash the economy to walk free. They’re the laws which allow police officers to avoid prosecution when they strip search non-violent criminals, or taser pregnant women on the side of the road, or pepper spray peaceful protestors. These are the laws of the new age we are entering, an age of neo-feudalism, in which corporate-state rulers dominate the rest of us, where the elite create the laws which can result in a person being jailed for possessing marijuana while bankers that launder money for drug cartels walk free.

Unfortunately, this two-tiered system of justice has been a long time coming. The march toward an imperial presidency, to congressional intransigence and impotence, to a corporate takeover of the mechanisms of government, and the division of America into haves and have nots has been building for years.

Journalist Chris Hedges, one of the few voices to speak against the corporate-state, who has put himself on the line by making a legal challenge to the President’s authority to indefinitely detain American citizens, summarizes the situation at hand:

 “Our passivity has resulted… in much more than imperial adventurism and a permanent underclass. A slow-motion coup by a corporate state has cemented into place a neofeudalism in which there are only masters and serfs. And the process is one that cannot be reversed through the traditional mechanisms of electoral politics.”

Indeed, electoral politics are off the table as a means of reforming the system. They are so thoroughly corrupted by corporate money that there is no chance, even for a well-meaning person, to affect any real change through Congress.

Just consider the last election cycle. Both parties spent $1 billion each attempting to get their candidate elected to the presidency. This money came from rich donors and corporate sponsors, intent on getting their candidate in office. This massive spending was mirrored at the congressional level, where business lobbying soared in the last three months of the year. The U.S. Chamber of Commerce alone spent over $125 million attempting to influence members of Congress, an 88 percent increase from 2011.

Indeed, lobbyists are the source of much corruption and exchanging of money in Washington, and their attempts to woo Congressmen only exacerbate the problems inherent to the institution. Jack Abramoff should know. Jailed for bribing public officials, the former lobbyist insists that the system is every bit as corrupt now as it was when he was convicted. From job offers for staffers and Congressmen after they leave Capitol Hill, to taking representatives to sporting events and fancy restaurants, there is no shortage of methods of influencing public officials to enact the policies of special interests. According to Abramoff, these tactics are still in use today, and “the system hasn’t been cleaned up at all.”

Once their foot is in the door, these lobbyists then offer up language for legislation that is “so obscure, so confusing, so uninformative, but so precise” as to make passage as easy as possible. This legislation cements the privilege of the corporations to do as they please, making all of their dubious activities “legal.”

This lobbying is buoyed by a congressional lifestyle which demands that our representatives spend the majority of their time fund raising for campaigns, rather than responding to the needs of their constituents. In November 2012, the Democratic House leadership offered a model daily schedule to newly elected Democrats which suggests a ten-hour day, five hours of which are dominated by “call time” and “strategic outreach,” including fund raisers and correspondence with potential donors. Three or four hours are for actually doing the job they were elected to do, such as attending committee meetings, voting on legislation, and interacting with constituents.

When half of one’s time is devoted to asking for money from rich individuals and special interests, there is no way that he can respond to the problems which pervade the country. And yet, even Congressmen in safe seats are expected to fundraise constantly so as to support their colleagues in competitive districts. As Rep. John Larson (D-Conn.) put it, “…this is the mother’s milk of what [Congressmen] need to do to try to sustain their campaigns, and it’s the only system they have to work with.”

Thus, even well-meaning Congressmen face a Catch-22 where they are pushed to fundraise to secure their seats, but then once in office, it is basically impossible for them to do their jobs. The full ramifications of this are laid out by Rep. Brad Miller (D-NC):

“Any member who follows that schedule will be completely controlled by their staff, handed statements that their staff prepared, speaking from talking points they get emailed from leadership… It really does affect how members of Congress behave if the most important thing they think about is fundraising. You end up being nice to people that probably somebody needs to be questioning skeptically… You won’t ask tough questions in hearings that might displease potential contributors, won’t support amendments that might anger them, will tend to vote the way contributors want you to vote.”

The influence of corporate money on Congress is exacerbated by how out of touch Congressmen are with the daily struggles of most Americans. In February 2012, the median net worth of Congressmen was $913,000 as compared to $100,000 for the rest of the population. Aside from being immediately wealthy, Congressmen also weathered the tribulations of the financial crisis much better than the average American. An analysis of Congressional finances by theWashington Post in October 2012 revealed that the wealthiest one-third of Congress was largely shielded from the effects of the Great Recession. While the median household net worth of the average American dropped by 39 percent between 2007 and 2010, the median wealth of Congressmen rose 5 percent. It rose 14 percent for the wealthiest one-third.

At a time when most people in the country are suffering, Congressmen are profiting. This alone should demonstrate how out of touch our elected leaders have become. Members of Congress, entrusted to represent the best interests of the average American, instead play out a stilted, ineffective soap opera on our TV screens, complete with phony discussions of fiscal cliffs and debt ceilings which take the place of real proposals for meaningful change in the country.

There is no voice for the working American in the halls of Congress, the American who was promised a life beyond taxes, debt, and unemployment. There is no voice for the peace loving American, the American who understands that America’s military might is meant for defense of the homeland, not looking for trouble in faraway lands. There is no voice for the American who expects his representatives to abide by the Constitution, who laments the way Congress, the President, and the Supreme Court work together to take away our rights piece by piece. — John W. Whitehead

 

VIDEO: The Loss of Bodily Integrity in an Emerging Police State

Posted: January 26, 2013 in Uncategorized
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We’re at an important crossroads in our country in terms of how the police operate and how the courts are not operating. The only thing, in my opinion, that’s standing between us and a total police state are the courts. We’re not going to get any help from Congress or the president. So are we going to have courts of justice or courts of order? Now courts of order are going to enforce the regime. Courts of justice are going to protect and uphold our Constitution. If we don’t have courts of justice–if they don’t protect the Constitution–then in my opinion, freedom as we have known it will be lost. — John W. Whitehead

Tune into my latest vodcast to hear more:  https://www.youtube.com/watch?feature=player_embedded&v=aytoYIVWeo8

Sleeping Through a Revolution: It’s Time for President Obama to Wake Up to the True Legacy of Martin Luther King Jr.

Posted: January 21, 2013 in Uncategorized
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“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”―  Martin Luther King Jr.

As one who came of age during the civil rights era, I was profoundly impacted by the life and teachings of Martin Luther King Jr. He taught me so much more than just what it means to look beyond the color of a person’s skin—he taught me that life means nothing if you don’t stand up for the things that truly matter. And what are the things that matter? King spoke of them incessantly, in every sermon he preached, every speech he delivered and every article he wrote. Freedom, human dignity, brotherhood, spirituality, peace, justice, equality, putting an end to war and poverty—these are just a few of the big themes that shaped King’s life and, in turn, impacted so many impressionable young people like myself.

Fast forward 40 years, and we find ourselves living through historic times, with the nation’s first black president embarking on his second term in office. The comparisons between President Obama and King have been inevitable and largely favorable, helped along by Obama, who spoke at King’s Ebenezer Baptist Church in 2008, a year before taking office—accepted the Democratic nomination on the anniversary of King’s “I Have a Dream” speech—presided over the installation and dedication of a national monument to King in Washington, DC—and took his oath of office using one of King’s Bibles on the national holiday dedicated to King.

Clearly, there are similarities between the two men. As a McClatchey news article noted: “Both battled enormous odds to build historic multi-ethnic, multi-racial coalitions—one to advance the cause of civil rights only to be assassinated in 1968, the other to win the nation’s highest office. Both won the Nobel Peace Prize. Both could use soaring rhetoric to inspire millions. Both also had to overcome critics who accused them of socialist or communist sympathies, as well as black activists who maintained that they weren’t strong advocates for African-Americans.”

Yet as Fredrick Harris, the director of the Institute for Research in African-American Studies at Columbia University, reminds us, “it is easy to assume that the president is an extension of King’s legacy and the civil rights movement. For black America, in particular, Obama has already joined the pantheon of great African American leaders, alongside Harriet Tubman, Frederick Douglass, Ida B. Wells, Malcolm X and, of course, King. He has joined their ranks not for his activism or his efforts to break down racial inequality, but for the symbolic weight of being the nation’s first black president.”

We’d be doing King and his legacy a profound disservice, however, if we do not insist that Obama do more than pay lip service to the man he credits, alongside Abraham Lincoln, as being one of his two heroes. Indeed, Obama spent much of the last four years campaigning for re-election and will likely spend the next four attempting to establish a lasting legacy for his presidency.

If Obama wants to be remembered for anything more than the color of his skin, he would do well to brush up on King’s teachings, which were far more radical than the watered-down pap about him being taught today. The following key principles, largely absent from Obama’s first term in office, formed the backbone of Rev. King’s life and work.

Practice non-violence, resist militarism and put an end to war.

“I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today—my own government.”—Martin Luther King Jr., Sermon at New York’s Riverside Church (April 4, 1967)

On April 4, 1967, exactly one year before his murder, King used the power of his pulpit to condemn the U.S. for “using massive doses of violence to solve its problems, to bring about the changes it wanted.” Insisting that no one who has any concern for the integrity and life of America can ignore its part in the Vietnam War, King called on the U.S. to end all bombing in Vietnam, declare a unilateral cease-fire, curtail its military buildup, and set a date for troop withdrawals. In that same sermon, King warned that “a nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.”

Contrast this with Obama’s use of the power of his office to expand America’s military empire at great cost to the nation, authorize drone strikes which have wreaked havoc on innocent civilians, and defend indefensible police tactics used in SWAT team raids and roadside stops. Obama’s national security budget for 2013, which allots a whopping $851 billion to be spent on wars abroad, weapons and military personnel, significantly outspends the money being spent on education, poverty and disease.

Stand against injustice.

“Injustice anywhere is a threat to justice everywhere… there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.”― Martin Luther King Jr., “Letter from a Birmingham Jail” (April 16, 1963)

Arrested and jailed for taking part in a nonviolent protest against racial segregation in Birmingham, Ala., King used his time behind bars to respond to Alabama clergymen who criticized King’s methods of civil disobedience and suggested that the courts were the only legitimate means for enacting change. His “Letter from a Birmingham Jail,” which makes the case for disobeying unjust laws, points out that “a just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

Contrast this with Obama’s ongoing endorsement of clearly unjust laws and government practices, some of which he has publicly acknowledged to be problematic or altogether wrong. For example, Obama signed into law the National Defense Authorization Act of 2013 and the Foreign Intelligence Surveillance Act Amendments Act, which respectively authorize the military to indefinitely detain American citizens, as well as spy on Americans who communicate with people overseas, whether they are journalists, family members, or business associates. Obama’s Justice Dept. has also urged the U.S. Supreme Court to grant police more leeway to strip search Americans and raid homes without a warrant. As King warned, “Never forget that everything Hitler did in Germany was legal.”

Work to end poverty.

“True compassion is more than flinging a coin to a beggar; it is not haphazard and superficial. It comes to see that an edifice which produces beggars needs restructuring.”—Martin Luther King Jr., Sermon at New York’s Riverside Church (April 4, 1967)

Especially in the latter part of his life, King was unflinching in his determination to hold Americans accountable to alleviating the suffering of the poor, going so far as to call for a march on Washington, DC, to pressure Congress to pass an Economic Bill of Rights. In recounting a parable about a man who went to hell because he didn’t see the poor, King cautioned his congregants: “Dives didn’t go to hell because he was rich… Dives went to hell because he was passed by Lazarus every day and he never really saw him. He went to hell because he allowed his brother to become invisible. Dives went to hell because he maximized the minimum and minimized the maximum. Indeed, Dives went to hell because he sought to be a conscientious objector in the war against poverty.”

Prioritize people over corporations.

“When machines and computers, profit motives and property rights, are considered more important than people, the giant triplets of racism, extreme materialism, and militarism are incapable of being conquered.”—Martin Luther King Jr., Sermon at New York’s Riverside Church (April 4, 1967)

With roughly 25 lobbyists per Congressman, corporate greed largely calls the shots in the nation’s capital, enabling our elected representatives to grow richer and the people poorer. One can only imagine what King would have said about a nation whose political processes, everything from elections to legislation, are driven by war chests and corporate benefactors rather than the needs and desires of the citizenry.

Stand up for what is right, rather than what is politically expedient.

“On some positions, cowardice asks the question, is it expedient? And then expedience comes along and asks the question, is it politic? Vanity asks the question, is it popular? Conscience asks the question, is it right? There comes a time when one must take the position that is neither safe nor politic nor popular, but he must do it because conscience tells him it is right.”—Martin Luther King Jr., Sermon at National Cathedral (March 31, 1968)

Five days before his murder, King delivered a sermon at National Cathedral in Washington, DC, in which he noted that “one of the great liabilities of life is that all too many people find themselves living amid a great period of social change, and yet they fail to develop the new attitudes, the new mental responses, that the new situation demands. They end up sleeping through a revolution.”

As King recognized, there is much to be done if we are to make this world a better place, and we cannot afford to play politics when so much hangs in the balance. It’s time, Mr. President, to wake up. To quote your hero: “[O]ur very survival depends on our ability to stay awake, to adjust to new ideas, to remain vigilant and to face the challenge of change. The large house in which we live demands that we transform this world-wide neighborhood into a world-wide brotherhood. Together we must learn to live as brothers or together we will be forced to perish as fools.” — John W. Whitehead

Zero Tolerance and the Never-Ending Lockdown in America’s Public Schools

Posted: January 15, 2013 in Uncategorized
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What we are witnessing, thanks in large part to zero tolerance policies that were intended to make schools safer by discouraging the use of actual drugs and weapons by students, is the criminalization of childish behavior. Most recently, for example, two 6-year-old students at White Marsh Elementary School in Maryland were suspended for using their fingers as imaginary guns in a schoolyard game of  cops and robbers.

The age-old game of cops and robbers is one I played as a child. “I’m gonna get you, robber,” one kid yells, chasing his friend across the playground. The other boy turns and points his finger before racing away. The cops are in hot pursuit. “Bang, bang, you’re dead,” one shouts. “No! Bang, bang, you’re dead!” the other cries, before both melodramatically fall to the ground. Thus goes a game played by boys from time immemorial.

In a new wrinkle on this old game, however, it’s not the cop who gets the bad guy. Now, the game ends when school officials summon real cops–who arrest the kindergartners for engaging in juvenile crime. That happened at a New Jersey school, from which four little boys were suspended for pretending their fingers were guns. At another school, an 8-year-old boy was arrested and charged with terrorism for pointing a paper gun at classmates and announcing, “I’m going to kill you all.” Officials at a California elementary school called police when a little boy was caught playing cops and robbers at recess. The principal told the child’s parents their child was a terrorist. Unwittingly, the principal was right on target: These are acts of terrorism. The culprits here, though, are not overactive schoolchildren; those guilty of terrorizing young children and parents nationwide are school officials who–in an effort to enforce zero tolerance policies against violence, weapons and drugs–have moved our schools into a lockdown mentality.

Unfortunately, these are not isolated incidents, nor are they limited to episodes of cops and robbers.

Nine-year-old Patrick Timoney was sent to the principal’s office and threatened with suspension after school officials discovered that one of his LEGOs was holding a 2-inch toy gun. That particular LEGO, a policeman, was Patrick’s favorite because his father is a retired police officer. David Morales, an 8-year-old Rhode Island student, ran afoul of his school’s zero tolerance policies after he wore a hat to school decorated with an American flag and tiny plastic Army figures in honor of American troops. School officials declared the hat out of bounds because the toy soldiers were carrying miniature guns. A 7-year-old New Jersey boy, described by school officials as “a nice kid” and “a good student,” was reported to the police and charged with possessing an imitation firearm after he brought a toy Nerf-style gun to school. The gun shoots soft ping pong-type balls.

Things have gotten so bad that it doesn’t even take a toy gun to raise the ire of school officials. A high school sophomore was suspended for violating the school’s no-cell-phone policy after he took a call from his father, a master sergeant in the U.S. Army who was serving in Iraq at the time. A 12-year-old New York student was hauled out of school in handcuffs for doodling on her desk with an erasable marker. In Houston, an 8th grader was suspended for wearing rosary beads to school in memory of her grandmother (the school has a zero tolerance policy against the rosary, which the school insists can be interpreted as a sign of gang involvement). Six-year-old Cub Scout Zachary Christie was sentenced to 45 days in reform school after bringing a camping utensil to school that can serve as a fork, knife or spoon. And in Oklahoma, school officials suspended a first grader simply for using his hand to simulate a gun.

What these incidents, all the result of overzealous school officials and inflexible zero tolerance policies, make clear is that we have moved into a new paradigm in America where young people are increasingly viewed as suspects and treated as criminals by school officials and law enforcement alike.

Adopted in the wake of Congress’ passage of the 1994 Gun-Free Schools Act, which required a one-year expulsion for any child bringing a firearm or bomb to school, school zero tolerance policies were initially intended to address and prevent serious problems involving weapons, violence and drug and alcohol use in the schools. However, since the Columbine school shootings, nervous legislators and school boards have tightened their zero tolerance policies to such an extent that school officials are now empowered to punish all offenses severely, no matter how minor. Hence, an elementary school student is punished in the same way that an adult high school senior is punished. And a student who actually intends to harm others is treated the same as one who breaks the rules accidentally–or is perceived as breaking the rules.

For instance, after students at a Texas school were assigned to write a “scary” Halloween story, one 13-year-old chose to write about shooting up a school. Although he received a passing grade on the story, school officials reported him to the police, resulting in his spending six days in jail before it was determined that no crime had been committed. Equally outrageous was the case in New Jersey where several kindergartners were suspended from school for three days for playing a make-believe game of “cops and robbers” during recess and using their fingers as guns.

With the distinctions between student offenses erased, and all offenses expellable, we now find ourselves in the midst of what Time magazine described as a “national crackdown on Alka-Seltzer.” Indeed, at least 20 children in four states have been suspended from school for possession of the fizzy tablets in violation of zero tolerance drug policies. In some jurisdictions, carrying cough drops, wearing black lipstick or dying your hair blue are actually expellable offenses. Students have also been penalized for such inane “crimes” as bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades. A 13-year-old boy in Manassas, Virginia, who accepted a Certs breath mint from a classmate, was actually suspended and required to attend drug-awareness classes, while a 12-year-old boy who said he brought powdered sugar to school for a science project was charged with a felony for possessing a look-alike drug. Another 12-year-old was handcuffed and jailed after he stomped in a puddle, splashing classmates.

There’s an old axiom that what children learn in school today will be the philosophy of government tomorrow. As surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs and strip searches become the norm in elementary, middle and high schools across the nation, America is on a fast track to raising up an Orwellian generation–one populated by compliant citizens accustomed to living in a police state and who march in lockstep to the dictates of the government. In other words, the schools are teaching our young people how to be obedient subjects in a totalitarian society. — John W. Whitehead

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