In Vermont, the rise of an alternative media ecosystem

The Church Street Marketplace in Burlington, Vermont. Photo via Pixabay.

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The Boston Globe’s Mark Shanahan today takes a look at two independent Vermont news organizations that have expanded to fill the gap created by the hollowing out of Gannett’s daily Burlington Free Press. (I’m quoted.)

It’s a topic of particular interest to me because I included a section on the media ecosystem in and around Burlington in my 2018 book, “The Return of the Moguls.” Though most of the book is about the rise of a new class of wealthy newspaper owners, I thought what was happening in Vermont was worth including.

Shanahan writes about the for-profit alt-weekly Seven Days and the investigative nonprofit VT Digger, both of which are doing great work. To those I would add a third — Vermont Public Radio, which has expanded its local coverage in recent years.

During my reporting trip to Vermont in late 2015, I got to meet the folks in charge of Seven Days and VT Digger, and connected with a former student who was then working for VPR. I also visited the Free Press newsroom. The impression I came away with was that the Free Press was trying to manage decline, whereas the alternatives were mission-driven and growing.

It’s phenomenon I’ve seen before, and it’s why I’m guardedly optimistic about the future of local news. My 2013 book, “The Wired City,” is primarily about the nonprofit New Haven Independent. Launched in 2005 and still going strong, the Independent provides paper-of-record coverage of New Haven in the shadow of the New Haven Register, the corporate-owned daily. (Now owned by Hearst, which has done a better job with its papers than most chains.)

Along with my research partner, retired Boston Globe editorial-page editor Ellen Clegg, I’m currently working on a book that will tell stories from across the country about entrepreneurial journalists who are rising up to compete with failing legacy newspapers. Our work was disrupted by the COVID pandemic, but we plan to get back to it later this spring.

As I have argued for years, the greed of corporate chain ownership is at least as damaging to the health of local journalism as the technology-driven decline of advertising.

A glimpse of the more formidable leader Trump might have been

Photo (cc) 2016 by Gage Skidmore

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Donald Trump was never going to be anything other than a terrible president. His political persona was crafted in the racism of birtherism, and to that he added misogyny and vicious cruelty.

But it’s interesting to ponder how he might have been a more formidable president. After campaigning as a populist, he cast his lot with the likes of Paul Ryan and Mitch McConnell. His only real legislative achievement was a massive tax cut that benefited rich people and corporations — the sort of thing any Republican president might have done. The Trump who was going to replace the Affordable Care Act with something better never made an appearance. For that matter, that version of Trump didn’t really exist except on Twitter.

We got a glimpse of the other road Trump might have taken over the past week, when he threatened to veto the COVID relief bill unless payments to individuals were raised from $600 to $2,000. His intervention came was cynical and poorly timed, given that his treasury secretary, Steven Mnuchin, had negotiated the deal with no apparent pushback (or even involvement) from the president.

And yet here we are. Trump finally backed down and signed the bill. Yet, because of his intervention, there seems to be at least some chance that the individual benefit will be raised to $2,000. The House on Monday approved $2,000 payments — no surprise, since the Democratic majority wanted to do that all along. But they were joined by 44 Republicans, and now the legislation will be taken up by the Senate.

Would a half-dozen or so Republican senators join Democrats in approving the higher payments if McConnell allows the measure to come to a vote? Possibly — especially given that two Senate seats in Georgia are on the line.

In the final days of his presidency, golfing and tweeting dangerous conspiracy theories about an election he decisively lost, Trump has showed us a glimmer of how his time in the White House might have been different. No doubt it still would have been awful. But it might have been slightly less awful for the MAGA types who continue to trust him even though he has done nothing but let them down.

Federal appeals court legalizes secret recordings of police in Mass.

Photo (cc) 2010 by Thomas Hawk

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A federal appeals court has upheld the right to secretly record police officers in the performance of their public duties, but has declined to act similarly with respect to other government officials because they have a greater expectation of privacy.

The ruling, by the First Circuit Court of Appeals, essentially strikes down the Massachusetts wiretap law, also known as Section 99, as it pertains to police officers. According to an analysis by Michael Lambert, a First Amendment lawyer with the Boston firm of Prince Lobel, “The decision means that Massachusetts journalists and citizens can, openly or secretly, record police discharging their duties in public without fear of criminal charges under the state’s wiretap law.”

The ruling came in response to two separate cases, both filed in 2016. The case involving the police was brought by a pair of civil-rights activists, K. Eric Martin and René Pérez. The broader case was brought by Project Veritas, a right-wing organization known for making undercover recordings of liberal targets and often editing them deceptively. (For instance, see this backgrounder assembled by the American Federation of Teachers.)

The appeals court upheld 2018 rulings by U.S. District Court Judge Patti Saris. The Dec. 15 decision, by Judge David Barron (himself a former journalist, as Lambert notes), reads in part:

We conclude that, by holding that Section 99 violates the First Amendment in criminalizing the secret, nonconsensual audio recording of police officers discharging their official duties in public spaces and by granting declaratory relief to the Martin Plaintiffs, the District Court properly accounted for the values of both privacy and accountability within our constitutional system. We further conclude that the District Court properly rejected Project Veritas’s First Amendment overbreadth challenge, in which the organization sought to invalidate the measure in its entirety, given the substantial protection for privacy that it provides in contexts far removed from those that concern the need to hold public officials accountable.

As Lambert observes, openly recording police officers who are performing their duties has been legal in Massachusetts since 2011 regardless of whether they have given their consent. Judge Barron’s decision now legalizes secret recordings of officers as well. The issue has drawn attention not just in Massachusetts but across the country as smartphones have made it increasingly easy for citizens to document police conduct and misconduct. The Black Lives Matter movement has been fueled in part by such videos — the best known example being the police killing of George Floyd earlier this year.

Matthew Segal, legal director of the ACLU of Massachusetts, which represented Martin and Pérez, said in a statement:

The right to record the police is a critical accountability tool. Amid a nationwide reckoning with police brutality and racial injustice, the Court has affirmed the right to secretly record police performing their pubic duties.

A final wrinkle worth noting: Retired Supreme Court Justice David Souter was among the three appeals court judges who presided.

It’s the age of paid content — and Media Nation is dipping its toe in the water

Recently I wrote about Substack for GBH News — what was good about it (superior payment tools) and what was unimpressive (it’s just a bloggy newsletter, or a newslettery blog).

Writing the column sparked my interest in paid content, and that only intensified when I read Ben Smith’s piece in The New York Times about Heather Cox Richardson. A Boston College history professor who writes “Letters from An American” on Substack, Richardson is pulling in an estimate $1 million or so a year. She’s working very hard at it — a lot harder than I want to work. But it’s difficult not to be intrigued by the possibility of pulling in some money, even if it’s a tiny fraction of what she’s making.

I don’t want to move to Substack, and I don’t want to put any of my content behind a paywall. What I’ve done instead is set up a page on Patreon that lets you purchase a voluntary subscription to Media Nation for $5 a month. Subscribers will receive the additional benefit for an exclusive newsletter, although, to be honest, I haven’t figured out what to do with that yet.

Media Nation will remain free, and other than the newsletter, I’m not planning at the moment to do more than I’m already doing. (Of course, that could change if this takes off.) If you would like to lend your support to my work in the form of a subscription, I hope you’ll consider signing up.

A wary but grateful look back at 2020, the worst year ever

COVID-19 testing. 2020 photo via U.S. Air Force.

Previously published at GBH News.

If we’re lucky, we’ll never encounter another time as awful as 2020. A raging pandemic, economic collapse, white racism in the face of a long-overdue reckoning with racial justice and an authoritarian-minded president who is still plotting to overturn his decisive defeat have all conspired to make this a year to put behind us.

Then there were the personal tragedies. “I remember that first Thanksgiving, the empty chair,” said President-elect Joe Biden, a man who knows tragedy in his bones and in his soul. The lost job. The lost business. The lost hope.

During the past year, I’ve tried to capture some of that — the lows as well as a few reasons for optimism. Below are 10 of my GBH News columns. They’re in chronological order, starting with the world we lost and ending with a glimpse of better days to come.

The strangling of local radio, Jan. 21. The New Year had barely begun when we learned that iHeartMedia, a conglomerate that owns some 850 stations, was gutting its properties. Among them: Boston’s venerable WBZ (AM 1030), the city’s last remaining commercial news station, which laid off several longtime journalists. For-profit radio has been sliding downhill since the Telecommunications Act of 1996, which effectively removed caps on how many stations a company can own. As with newspapers, a few giant corporations took on massive amounts of debt to build empires, slashing costs so they could pay their creditors. Employees and listeners were the losers.

The last normal week, March 4. I spent Super Tuesday in Ukiah, California, covering a packed event in a bar (imagine that) hosted by The Mendocino Voice, a small website that was transitioning from for-profit to cooperative ownership. “We are going to be owned by our readers and our staff,” publisher Kate Maxwell told those on hand. “We think that’s the best way to be sustainable and locally owned.” By the end of the week, I found myself accompanying Maxwell and managing editor Adrian Fernandez Baumann to Mendocino County’s first news conference about what was then called “the novel coronavirus.” A day later I returned home on a half-empty flight wondering what was coming next.

A campus empties out, March 17. Northeastern University, where I’m a journalism professor, takes its spring break the first week of March. Despite the increasingly ominous news, we actually resumed classes the following week. All of us, though, had the sense that a shutdown was imminent — and it was, as we all had to scramble quickly to move our classes online. This fall, like most of my colleagues, I taught partly in person, partly online, getting tested twice a week. And I am filled with gratitude every day to be one of the lucky few who is still employed and working in a relatively safe environment.

Fox News endangers lives, April 22. Rupert Murdoch’s cable news station has become a dangerous behemoth, promulgating all manner of misinformation and disinformation about climate change, Hillary Clinton and the awesome wonderfulness of President Donald Trump. Never, though, was Fox News more of a menace than it was in the spring of 2020, when prime-time hosts Tucker Carlson, Sean Hannity and Laura Ingraham promoted the toxic idea that COVID-19 (it finally had a name) was a “hoax.” They disdained mask-wearing and cheered on the armed right-wingers who protested the shutdown, falsely claiming that COVID was nothing to worry about. “The question is why are our leaders hurting us on purpose,” Carlson told his viewers. “And the answer is: Because they can.”

Avoiding a 2016 repeat, May 27. With Biden having vanquished his Democratic primary opponents and building a solid polling lead over Trump, I asked whether the media could avoid the mistakes they made in 2016 — obsessing over Hillary Clinton’s emails and elevating her minor transgressions so that they appeared to be as serious as Trump’s. In fact, the media appeared to have learned some lessons. Sexual assault charges brought against Biden by Tara Reade, a former Senate staffer, and, later in the year, Rudy Giuliani’s attempts to make some sort of criminal connection between Biden and his son Hunter’s dealings in Ukraine were both quickly dismissed as lacking any evidence. The next question: How will the press cover the Biden presidency?

A newspaper laid low by racism, June 17. Alexis Johnson, a young Black reporter for the Pittsburgh Post-Gazette, had been covering the Black Lives Matter protests that broke out following the police killings of George Floyd, Breonna Taylor and others. Then she tweeted out a humorous but pointed observation comparing the damage caused by looters to the mess left behind by tailgaters at a Kenny Chesney concert. She was taken off the protest beat for supposedly failing to maintain her objectivity — a ludicrous overreaction met with protests by her fellow journalists and the community. Before long, Johnson had left for Vice News and the Post-Gazette had a new executive editor: Stan Wischnowski, who’d just left as executive editor of The Philadelphia Inquirer after he approved an insensitive “Buildings Matter, Too” headline. Wischnowski was actually an upgrade over his predecessor, Keith Burris, who continues to run the editorial pages. But he was hardly the sort of change that was called for under the circumstances.

In the dark on Beacon Hill, July 16. Massachusetts is just one of four states whose legislatures are exempt from public-records laws. Cities, towns, counties and state executive agencies must turn over payroll records, contracts, internal communications and other documents when asked to do so by journalists or ordinary citizens. But not the Legislature. “The Legislature has no interest in changing the status quo,” said Robert Ambrogi, executive director of the Massachusetts Newspaper Publishers Association. And so it remains. In the fall, Northeastern journalism students asked every legislative candidate whether they favored ending the exemption. Most of those who answered said they did — but only 71 of the 257 candidates bothered to respond despite repeated email and phone requests.

Local news, saner views, Nov. 11. With the election over and the Trump era drawing to an end, I explored the idea of whether a renewed focus on community life could help overcome the hyperpolarization that has ripped the culture apart at the national level. Before that can happen, though, we need to find ways to revive local journalism. One modest solution would be to create a special state commission to study the problem in Massachusetts and make some recommendations. As 2020 draws to a close, the legislation that would create that commission remains in limbo.

Linda Henry takes charge, Nov. 18. Some five months after Vinay Mehra exited as president of Boston Globe Media Partners, managing director Linda Pizzuti Henry got a title enhancement: she was named chief executive of the company, which comprises The Boston Globe, Stat News and Boston.com. Although the COVID-related advertising meltdown hurt the Globe as it did every other media company, 2020 turned out to be a good year for owners John and Linda Henry. The Globe’s paid digital circulation passed the long-sought 200,000 mark, and Stat News emerged as a national leader on COVID coverage. Moreover, the company employs about 300 full-time journalists across its three platforms — a far higher number than would be expected under chain ownership. That said, the company continues its unseemly battle against its union employees, a situation that should have been resolved long ago.

Back to a better future, Dec. 2. Are there reasons to be optimistic? We all hope so. President-elect Biden and Vice President-elect Kamala Harris will restore civility to the White House. A COVID vaccine has brought the end of the pandemic within sight. But what about beyond that? In a new book, “The Upswing,” Robert D. Putnam and Shaylyn Romney Garrett argue that the selfishness that led to the original Gilded Age eventually gave way to the Progressive Era, the New Deal and the Civil Rights Movement — and that it can happen again.

We are entering what is likely to be a devastating winter — what Dr. Robert Redfield, director of the Centers for Disease Control and Prevention, predicted could be “the most difficult in the public health history of this nation.” We need to take care of each other and get beyond the sickness and fear that have come to dominate our lives. And we have to tell ourselves that things will get better — and work to make it come true. What alternative do we have?

Finally, my thanks to GBH News for the privilege of having this platform and to you for reading. Best wishes to everyone for a great 2021.

We can leverage Section 230 to limit algorithmically driven disinformation

Mark Zuckerberg. Photo (cc) 2012 by JD Lasica.

Josh Bernoff responds.

How can we limit the damage that social media — and especially Facebook — are doing to democracy? We all know what the problem is. The platforms make money by keeping you logged on and engaged. And they keep you engaged by feeding you content that their algorithms have determined makes you angry and upset. How do we break that chain?

Josh Bernoff, writing in The Boston Globe, offers an idea similar to one I suggested a few months ago: leverage Section 230 of the Telecommunications Act of 1996, which holds digital publishers harmless for any content posted by third-party users. Under Section 230, publishers can’t be sued if a commenter libels someone, which amounts to a huge benefit not available in other contexts. For instance, a newspaper publisher is liable for every piece of content that it runs, from news articles to ads and letters to the editor — but not for comments posted on the newspaper’s website.

Bernoff suggests what strikes me as a rather convoluted system that would require Facebook (that is, if Mark Zuckerberg wants to continue benefiting from Section 230) to run ads calling attention to ideologically diverse content. Using the same algorithms that got us into trouble in the first place, Facebook would serve up conservative content to liberal users and liberal content to conservative users.

There are, I think, some problems with Bernoff’s proposal, starting with this: He writes that Facebook and the other platforms “would be required to show free ads for mainstream liberal news sources to conservatives, and ads for mainstream conservative news sites to liberals.”

But that elides dealing the reality of what has happened to political discourse over the past several decades, accelerated by the Trump era. Liberals and Democrats haven’t changed all that much. Conservatives and Republicans, on the other hand, have become deeply radical, supporting the overturning of a landslide presidential election and espousing dangerous conspiracy theories about COVID-19. Given that, what is a “mainstream conservative news site”?

Bernoff goes so far as to suggest that MSNBC and Fox News are liberal and conservative equivalents. In their prime-time programming, though, the liberal MSNBC — despite its annoyingly doctrinaire, hectoring tone — remains tethered to reality, whereas Fox’s right-wing prime-time hosts are moving ever closer to QAnon territory. The latest is Tucker Carlson’s anti-vax outburst. Who knew that he would think killing his viewers was a good business strategy?

Moving away from the fish-in-a-barrel examples of MSNBC and Fox, what about The New York Times and The Wall Street Journal? Well, the Times’ editorial pages are liberal and the Journal’s are conservative. But if we’re talking about news coverage, they’re really not all that different. So that doesn’t work, either.

I’m not sure that my alternative, which I wrote about for GBH News back in June, is workable, but it does have the advantage of being simple: eliminate Section 230 protections for any platform that uses algorithms to boost engagement. Facebook would have to comply; if it didn’t, it would be sued into oblivion in a matter of weeks or months. As I wrote at the time:

But wouldn’t this amount to heavy-handed government regulation? Not at all. In fact, loosening Section 230 protections would push us in the opposite direction, toward deregulation. After all, holding publishers responsible for libel, invasions of privacy, threats of violence and the like is the default in our legal system. Section 230 was a regulatory gift, and it turns out that we were too generous.

Unlike Bernoff’s proposal, mine wouldn’t attempt to regulate speech by identifying the news sites that are worthy of putting in front of users so that they’ll be exposed to views they disagree with. I would let it rip as long as artificial intelligence isn’t being used to boost the most harmful content.

Needless to say, Zuckerberg and his fellow Big Tech executives can be expected to fight like crazed weasels in order to keep using algorithms, which are incredibly valuable to their bottom line. Just this week The New York Times reported that Facebook temporarily tweaked its algorithms to emphasize quality news in the runup to the election and its aftermath — but it has now quietly reverted to boosting divisive slime, because that’s what keeps the ad money rolling in.

Donald Trump has been crusading against 230 during the final days of his presidency, even though he doesn’t seem to understand that he would be permanently banned from Twitter and every other platform — even Parler — if they had to worry about being held legally responsible for what he posts.

Still, that’s no reason not to do something about Section 230, which was approved in the earliest days of the commercial web and has warped digital discourse in ways we couldn’t have imagined back then. Hate speech and disinformation driven by algorithms have become the bane of our time. Why not modify 230 in order to do something about it?

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How our partisan media divide is fueling Republican radicalism

Photo (cc) 2017 by Stephen Melkisethian

Previously published at GBH News.

Distrust of the media is nothing new. The percentage of Americans who say they have faith in news organizations has been falling for at least a generation. But the widening partisan nature of that distrust has left Republicans increasingly uninformed. And that, in turn, helps explain why the Trumpist right espouses conspiracy theories on topics ranging from COVID-19 to QAnon.

Over the weekend, the Pew Research Center published a roundup of “20 striking findings from 2020.” Checking in at No. 13 was a survey from earlier this year showing that Republicans lack faith in the media to a far greater extent than Democrats.

There are many layers to the survey, but here’s a particularly telling data point: 60% of Republican and Republican-leaning respondents cited a “desire to mislead” as one of the principal reasons that news outlets make mistakes, compared to just 32% of Democrats and Democratic leaners. Overall, 78% of Democrats and Democratic leaners who strongly disapprove of President Donald Trump “expect that the news they get will largely be accurate” compared to just 39% of strong Trump supporters on the Republican side.

Such findings have to be seen in the context of what media sources people rely on for their news and information. The evidence shows that Trump supporters have isolated themselves from mainstream discourse.

As far back as 2014, Pew found that “consistent conservatives” were “tightly clustered around a single news source,” with “47% citing Fox News as their main source for news about government and politics.” Other studies, such as a 2017 MIT-Harvard Law School effort, showed that liberals consumed a far more varied media diet than did conservatives. The power and influence of Fox News has only grown since then, notwithstanding the recent success of Newsmax and OANN, which are more willing to indulge Trump’s lies about the election.

Mainstream outlets such as The New York Times, The Washington Post and NPR are hardly perfect, of course. The Times and the Post, in particular, often cater more than they should to the liberal sensibilities of their subscribers. But, however flawed they may be, they are guided by journalistic principles such as truth-seeking and verification, whereas their counterparts on the right, such as Fox’s prime-time hosts, the Gateway Pundit and Rush Limbaugh, engage in little other than right-wing propaganda.

The effect of this asymmetric polarization in media consumption is clear enough in politics, as we are currently witnessing an unprecedented assault on the outcome of a presidential election that wasn’t even close. But it manifests itself in other ways as well.

Take, for instance, No. 19 on Pew’s list — a survey showing that 41% of Republicans and Republican leaners who’ve heard of the QAnon conspiracy theory believe that it’s either good or very good for the country, compared to just 7% on the Democratic side.

QAnon, in case you haven’t heard, is based on the belief that Hillary Clinton and other Democrats are involved in an international pedophile ring and that Trump is secretly working to defeat them. Pew notes that, incredibly, more than a dozen candidates for the House and Senate last fall, all Republicans, were QAnon supporters, or at least Q-curious. Two of them actually won election to the House.

Or consider Pew’s No. 1 finding, which is as unsurprising as it is enraging: “Since the very beginning of the U.S. coronavirus outbreak, Democrats have been far more likely than Republicans to see COVID-19 as a ‘major threat’ to public health.” How wide is the split? According to a November survey, 84% of Democrats and Democratic leaners see it was major threat but just 43% on the Republican side.

The partisan gap on this measure,” Pew said, “remains about as wide as at any point during the outbreak and stands in contrast to the large shares of both Republicans (83%) and Democrats (86%) who say the outbreak is a major threat to the U.S. economy.”

Those two findings explain a lot. With the exception of a few GOP officials like Gov. Charlie Baker of Massachusetts and Gov. Mike DeWine of Ohio, Republicans — starting with Trump himself — have led the charge against shutdowns and mask-wearing. Though Democrats and Republicans are roughly equal in their view that COVID-19 threatens the economy, Democrats see those public-health measures as necessary for getting the pandemic under control while Republicans see them as assaults on freedom.

Which is why many Trump supporters are willing to engage in behavior that puts both themselves and the rest of us at risk. Or as Texas Lt. Gov. Dan Patrick told Fox News host Tucker Carlson last spring: “There are more important things than living, and that’s saving this country for our children and our grandchildren.” No wonder we’ve now lost more than 300,000 American lives to COVID-19.

Pew’s No. 20 could be a bad omen for Mark Zuckerberg. A majority of Democrats and Republicans said they believe social-media companies are censoring political views — although that belief was more pronounced among Republicans.

Many of Pew’s other findings documented the misery we’re all experiencing during this terrible year. International travel is down. For the first time since the Great Depression, a majority of young adults are living with their parents. Four in 10 people surveyed said either they or someone in their household had been laid off or taken a pay cut. More than half know someone who has died or been hospitalized because of COVID.

This past weekend, violence broke out as Trump supporters rallied in support of their false belief that President-elect Joe Biden stole the election. In Michigan, electors needed a police escort to the state capitol so that they could cast their ballots for Biden. A group of House Republicans are threatening chaos next month. Trump shows no signs of backing down, raising the prospect of unrest for months to come.

We all sense that the hyperpolarization that has torn the country apart in recent years and that has accelerated under Trump has reached a tipping point. What the Pew list shows more than anything is that this split is a consequence of the Republican Party becoming increasingly radical, violent and undemocratic.

A lot of that can be traced back to our media habits. Most of us rely on journalism to stay informed. And a sizable minority has gotten sucked down a bottomless hole of falsehoods and conspiracy theories.

We’re all looking forward to 2021. We’ll get vaccinated. COVID-19 will slowly begin to recede. The Biden White House will restore some sense of normality.

In the long run, though, we remain in a very dark place.

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Mail-in voting is here to stay. But that doesn’t mean it should become routine.

Photo (cc) 2005 by Russ

Voting is a great civic exercise — a community coming-together. Which is why I disagree with the idea that the expansion of mail-in voting implemented this year as a response to the COVID pandemic should be made permanent, as this Boston Globe editorial suggests.

Yes, voting by mail is safe and secure, as none other than Attorney General Bill Barr has conceded. Yes, it should continue to be available for those who need it. And yes, we need to make voting easier.

But there are ways to do that that don’t involve sitting alone in your house and filling out your ballot. Early in-person voting has worked well. Moving Election Day to a Saturday, making it an all-weekend event, making it a holiday — all good ideas.

Voting by mail, though, should be an exception, not the rule.

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