Free Speech Coalition

U.S. trade association for the adult entertainment industry
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Free Speech Coalition
Nina Hartley delivering opening speech at "Free Speech Coalition Awards Annual Bash Event", Los Angeles, November 2009
Formation1991; 33 years ago (1991)
PurposeFree speech advocacy, rights of sex industry workers and consumers, political advocacy
HeadquartersUnited States
Official language
English
Websitefreespeechcoalition.com

The Free Speech Coalition (FSC) is a non-profit trade association of the pornography and adult entertainment industry in the United States. Founded in 1991, it opposes the passage and enforcement of obscenity laws and many censorship laws (with the exception of "anti-piracy" laws).

History

Prior to the establishment of a private right to own pornographic material in Stanley v. Georgia in 1969, adult film producers and sex toy manufacturers had limited ability to organize. The first truly national group to emerge was the Adult Film Association of America (AFAA), an association of approximately 100 film producers, exhibitors, and distributors. The AFAA hired attorneys and created a legal kit that could be used by those facing censorship.[1] With the advent of inexpensive home videos, the AFAA became the Adult Film and Video Association of America (AFVAA).[2]

In 1987, adult film producer Hal Freeman was charged with pandering. In People v. Freeman, prosecutors argued that paying performers to have sex in an adult film was an act of prostitution. The case went to the California Supreme Court where the 1989 Freeman decision effectively legalized adult film production in California. Despite the ruling, law enforcement began aggressively targeting adult theaters and video stores for selling adult material. In 1990, the City of Los Angeles used zoning ordinances to try and shut down nearly a hundred adult video theaters and shops in the Hollywood area.[3]

Following the recommendations of the Meese Commission, the Bush administration began attacking both small distributors and major manufacturers of adult video with sting operations.[4][5] Between March 1990 and June 1991, the US Department of Justice and the Los Angeles police raided 40 adult film companies in Los Angeles. While pornography production was no longer illegal in California, producers could still be charged with the federal crime of interstate sale of obscene material and tried in more conservative areas.[6][7]

Founding

In response to the attacks, adult producers formed the Free Speech Legal Defense Fund (FSLDF) to pool resources.[7] In 1991, as the government attack was blunted, the FSLDF decided to select a name more reflective of its broadened role in the adult community, and the Free Speech Coalition was born. The association became closely aligned with other organizations representing the rights of free speech and civil liberties.[2]

Organization

Free Speech Coalition (FSC) is the trade association of the adult entertainment industry in the United States. Founded in 1991, it opposes the passage and enforcement of some censorship laws (with the exception of "anti-piracy" laws) and obscenity laws.

On the FSC's website it states that over the course of its history it has "fought for the rights of producers, distributors, performers and consumers of adult entertainment and pleasure products through battles in the legislature, the courts, regulatory agencies, at the ballot box and in the press".[8]

The FSC is also committed to intersectionality, supporting populations within the adult industry concerned with issues such as: "women's health and reproductive rights, LGBT rights, immigration, sexual health and wellness, sex education, decriminalization of victims and workers, human trafficking, discrimination, racism, and consent".[9]

In 1999, FSC hired its first full-time Executive Director, William R. "Bill" Lyon,[10] and began to gain a national reputation as a defender of First and Fourth Amendment rights. During the Clinton Administration, there were few obscenity prosecutions. Then-Attorney General Janet Reno seemed to see "obscenity" as a victimless crime. She also realized that in many areas community standards had changed and "obscenity" convictions were becoming more difficult to sustain.

Issues and initiatives

Child Protection and Obscenity Enforcement Act

In 1995, a comprehensive Federal scheme regulating the creation and wholesale distribution of recorded images of sexual conduct went into effect. Aimed at detecting and deterring child pornography, the Federal Labeling Law (also known as the Child Protection and Obscenity Enforcement Act) eliminated all privacy in the creation of sexual images. Any producers of, and performers in, such materials were ordered to comply with detailed disclosure requirements. In order for the industry to comply, the FSC was essential. FSC conducted training seminars, prepared compliance documents and uniform exemption labels and negotiated with the Justice Department for relief from some of the more burdensome and unreasonable components of the law.

The FSC's response to the Federal Labeling Law that established broadly throughout the industry the necessity of a functional trade organization to assist the industry.

In 1996 the Communications Decency Act (CDA) was enacted to protect children from accessing adult material on the Internet. The Child Pornography Protection Act (CPPA) followed in 1997; this legislation sought to criminalize the depiction of minors in sexually explicit video or online content, even if those depicted in the material were over 18-years of age. The redefinition of child pornography to include adults appearing to be minors, engaging in actual or simulated sexual activity was controversial. The Senate Judiciary Committee (the committee of origin), never even held a vote on the bill, yet it was signed into law, following Senator Orrin Hatch (R-Utah) attaching it during the Conference Committee to the October 1997 Spending Bill. The FSC challenged the constitutionality of the law. For the first time since its own redefinition as a trade association, FSC undertook litigation challenging the constitutionality of a Federal statute.

FSC filed suit against then-Attorney General John Ashcroft, charging that the CPPA abridged first amendment rights by defining protected speech as obscene or as child pornography. In 2002, FSC views were upheld in the US Supreme Court in Ashcroft v. Free Speech Coalition, the "virtual child porn" case.

In 2005, FSC filed a complaint against the Dept of Justice and then-Attorney General Alberto Gonzales, citing that 18 U.S.C. § 2257 regulations endangered the privacy and safety of performers by allowing private information to be accessed through the record-keeping process; also that 2257 regulations were complicated to the extent that adult producers would be unable to fully comply with the record-keeping system.

The controversial regulations have been an ongoing issue for adult industry producers and FSC. In February 2009, the United States Court of Appeals for the Sixth Circuit held in Connection Distributing Co. v. Holder that the record-keeping provisions of 18 U.S.C. § 2257 did not violate the First Amendment. A revised set of the § 2257 regulations was released in December 2009, prompting another complaint against the DOJ and Attorney General Eric Holder in 2010.

California porn tax

The FSC entered the field of lobbying in earnest in 1994, with the retention of a lobbyist in Sacramento, California's state capitol. After a year, the lobbying presence proved itself critical for the health of the national industry. A tax bill was introduced, with the purpose of assisting victims of domestic abuse and rape. An excise tax was proposed for all adult products and services, with the proceeds going to collection of the tax, law enforcement and, if anything remained, to rape counseling centers and battered victim shelters.[2] The bill was defeated at its first committee hearing.

Performer Availability Screening Services

PASS (Performer Availability Screening Services) is a U.S. organization that maintains a database of STI testing results for pornographic actors.[14] The database is intended to help reduce or prevent the spread of STIs in the porn industry. The organization, formerly known as Adult Production Health and Safety Services (APHSS),[15] was developed by the Free Speech Coalition in 2013, following the closure of Adult Industry Medical Health Care Foundation.[16]

Performers are tested every fourteen days for HIV, syphilis, gonorrhea, chlamydia, hepatitis B and C and trichomoniasis.[17] According to PASS, there has not be an on-set transmission of HIV on a regulated set since 2004.[18][19]

During the global COVID-19 pandemic, a special task force met to determine how to incorporate a test for COVID-19. All performers and crew are now tested for COVID-19 with the date of test posted in the PASS database.[20] Researchers have suggested that the PASS testing system may be a model for other industries.[21]

Banking access

In February 2015, the FSC announced an affiliation with the First Entertainment Credit Union. The arrangement with make member financial services available to approved production studios employees and their families, primarily in the adult film industry. Diane Duke, CEO of the FSC, stated "We are thrilled to be able to offer active FSC members and their families the opportunity to access First Entertainment for their banking needs and many other financial services. Especially because of difficulties faced by industry members that have had their business turned away by other institutions."[22]

Awards

John Stagliano at the FSC Awards Annual Bash Event, November 2009

The FSC Lifetime Achievement Awards are given to adult industry businesses and professionals for outstanding achievements and contributions to the adult entertainment industry.[23] They were launched in mid-1988 by the Adult Video Association at its annual Night of the Stars fundraising event, replacing its discontinued Erotic Film Awards. When the association merged into the Free Speech Coalition in late 1992, the new coalition took over the tradition. Previous years' awards are listed at the AVA Wikipedia entry. Starting in 2008 an "Election Bash" in the fall replaced the former Night of the Stars awards ceremony, reflecting the FSC's change in focus from the entertainers to the business side of the industry.[24] The award presentations were normally made late in the year, but starting in 2014 they were changed to January as part of the XBIZ 360 conference, which is also site of the XBIZ Award ceremony. Thus the awards normally presented in late 2013 were given out in January 2014.

The Positive Image Award is presented to "performers that have helped to dispel negative stereotypes and misconceptions connected to work in the adult industry."[25]

Larry Flynt at the FSC Awards Annual Bash Event, Los Angeles, November 2009

The Legacy Award "recognizes innovation, successful business practices and contributions to the industry as a whole."[25]

Seka at FSC 13th Annual Night of the Stars dinner, July 2000

The Man of the Year Award is "given to business professionals that have shown exceptional leadership in building solid businesses and their communities."[25]

The Woman of the Year Award is "given to business professionals that have shown exceptional leadership in building solid businesses and their communities."[25]

The Leadership Award is given to "business or individual that demonstrates excellence in the adult entertainment industry in leading by example."[26]

The Benefactor of the Year Award recognizes "unwavering support, through philanthropy and advocacy, of adult industry and mainstream causes. As well as setting a good example, the company also has diligently attempted to protect the adult industry business community from legal challenges, business risks and critics."[27]

Pleasure Products Company of the Year goes to the pleasure products company "that has demonstrated constant and unwavering innovation and excellence."[26] Prior to 2015, the award was known as the Novelty Company of the Year award.

Production Company of the Year "goes to the production company that has demonstrated constant and unwavering innovation and excellence. The company's success not only benefits their individual business but also the industry as a whole. In addition to their creative innovation, the company conducts business with high ethical standards and integrity."[28]

Internet Company of the Year "recognizes excellence, innovation and contributions made to the adult industry overall."[25]

Retailer of the Year "goes to the retailer that has demonstrated constant and unwavering innovation and excellence."[26]

In 2015 a new award, the Christian Mann Courage and Leadership Award, was added.[26] This award is given to "a member of the adult entertainment or pleasure products community who has shown exemplary courage and leadership fighting for the rights and image of the industry."[26]

Award winners

Year Category Winner Ref.
1988 Lifetime Achievement - Actress Nina Hartley [29]
Lifetime Achievement - Actor Joey Silvera
Anthony Spinelli Lifetime Achievement - Director Anthony Spinelli
Joel T. Warner 'Good Guy' Award Mike Warner
1989 Lifetime Achievement - Actress Sharon Kane
Lifetime Achievement - Actor John Leslie
Anthony Spinelli Lifetime Achievement - Director Gerard Damiano
Joel T. Warner 'Good Guy' Award Al Bloom
Hal Freeman 'Freedom Isn't Free' Award Al Goldstein
1990 Lifetime Achievement - Actress Kay Parker
Lifetime Achievement - Actor Eric Edwards
Anthony Spinelli Lifetime Achievement - Director Alex deRenzy
Joel T. Warner 'Good Guy' Award Hal Freeman
Hal Freeman 'Freedom Isn't Free' Award Bob Guccione
1991 Lifetime Achievement - Actress Georgina Spelvin
Lifetime Achievement - Actor Paul Thomas
Anthony Spinelli Lifetime Achievement - Director Henri Pachard
Joel T. Warner 'Good Guy' Award Bobby Lilly & Mel Kamins (GVA-TWN owner)[30]
Hal Freeman 'Freedom Isn't Free' Award Barry Freilich
1992 Lifetime Achievement - Actress Marilyn Chambers
Lifetime Achievement - Actor Herschel Savage
Anthony Spinelli Lifetime Achievement - Director Cecil Howard
Joel T. Warner 'Good Guy' Award Russ Hampshire (VCA Pictures)
Hal Freeman 'Freedom Isn't Free' Award Phil Harvey
1993 Lifetime Achievement - Actress Sharon Mitchell
Lifetime Achievement - Actor Randy West
Anthony Spinelli Lifetime Achievement - Director Chuck Vincent
Joel T. Warner 'Good Guy' Award Jacky Hagerman & Harry Mohney
Hal Freeman 'Freedom Isn't Free' Award Gloria Leonard
1994 Lifetime Achievement - Actress Veronica Hart & Kelly Nichols
Lifetime Achievement - Actor Jamie Gillis
Anthony Spinelli Lifetime Achievement - Director Fred Lincoln
Joel T. Warner 'Good Guy' Award Bill "Pinky" Stolbach (salesman)[31]
Hal Freeman 'Freedom Isn't Free' Award Howard Wasserman & Paul Wisner (publisher)[32][33]
1995 Lifetime Achievement - Actress Hyapatia Lee
Lifetime Achievement - Actor Mike Horner
Anthony Spinelli Lifetime Achievement - Director Bruce Seven
Joel T. Warner 'Good Guy' Award Dr. George Boris
Hal Freeman 'Freedom Isn't Free' Award Stanley Fleishman
1996 Lifetime Achievement - Actress Porsche Lynn
Lifetime Achievement - Actor Ron Jeremy
Anthony Spinelli Lifetime Achievement - Director Harold Lime & Robert McCallum
Joel T. Warner 'Good Guy' Award Ted Rothstein (Nasstoys)[34] & Martin Rothstein (Coast to Coast Video founder)[35]
Hal Freeman 'Freedom Isn't Free' Award Eddie Wedelstedt (Goalie Entertainment Holdings founder)[36]
1997 Lifetime Achievement - Actress Seka
Lifetime Achievement - Actor John Holmes
Anthony Spinelli Lifetime Achievement - Director Candida Royalle
Joel T. Warner 'Good Guy' Award Robert Tremont
Hal Freeman 'Freedom Isn't Free' Award Larry Flynt
Positive Image Award Juli Ashton
1998 Lifetime Achievement - Actress Vanessa Del Rio [37]
Lifetime Achievement - Actor R. Bolla
Anthony Spinelli Lifetime Achievement - Director Bob Chinn
Joel T. Warner 'Good Guy' Award Marty Turkel
Hal Freeman 'Freedom Isn't Free' Award Nadine Strossen
Positive Image Award Shane
1999 Lifetime Achievement - Actress Annie Sprinkle [38]
Lifetime Achievement - Actor Richard Pacheco
Lifetime Achievement - Gay Actor Jack Wrangler
Anthony Spinelli Lifetime Achievement - Director Bobby Hollander
Lifetime Achievement - Gay Director Jerry Douglas
Hal Freeman 'Freedom Isn't Free' Award William Dobbs (gay activist, attorney for the Coalition for Free Expression)[39]
Positive Image Award Christi Lake
2000 Lifetime Achievement - Actress Shanna McCullough [40]
Lifetime Achievement - Actor Jon Martin
Lifetime Achievement - Gay Actor Matt Bradshaw
Anthony Spinelli Lifetime Achievement - Director Lasse Braun
Lifetime Achievement - Gay Director John Travis
Joel T. Warner 'Good Guy' Award Christian Mann (Evil Angel General Manager)[41] & Susan Colvin (California Exotic Novelties founder)[42]
Hal Freeman 'Freedom Isn't Free' Award Dr. James Elias
Positive Image Award Sean Michaels
2001 Lifetime Achievement - Actress Juliet Anderson [43]
Lifetime Achievement - Actor Don Fernando
Lifetime Achievement - Gay Actor Cole Tucker
Anthony Spinelli Lifetime Achievement - Director John Stagliano
Lifetime Achievement - Gay Director Steven Scarborough
Joel T. Warner 'Good Guy' Award Paul Fishbein
Hal Freeman 'Freedom Isn't Free' Award Randall D.B. Tigue (attorney)[44]
Positive Image Award Shayla LaVeaux
Special Recognition Award Gloria Leonard
2002 Lifetime Achievement - Actress Ginger Lynn [45]
Lifetime Achievement - Actor Tom Byron & Peter North
Lifetime Achievement - Gay Actor Kevin Williams
Anthony Spinelli Lifetime Achievement - Director Radley Metzger
Lifetime Achievement - Gay Director Gino Colbert (performer and director)[46]
Joel T. Warner 'Good Guy' Award Ron Braverman (Doc Johnson) co-founder
Hal Freeman 'Freedom Isn't Free' Award Tom Wahl & Suzi Wahl (small adult website operators)[47]
Positive Image Award Dave Cummings
2003 Lifetime Achievement - Actress Amber Lynn [48]
Lifetime Achievement - Actor Buck Adams
Lifetime Achievement - Gay Actor Jim Bentley
Anthony Spinelli Lifetime Achievement - Director Kirdy Stevens
Lifetime Achievement - Gay Director Joe Gage
Joel T. Warner 'Good Guy' Award Charles Brickman (Cinderella Distributors founder) & Larry Ross (promoter/publisher/producer)[48]
Hal Freeman 'Freedom Isn't Free' Award H. Louis Sirkin (First Amendment attorney)[49]
Positive Image Award Felecia
2004 Lifetime Achievement - Actress Christy Canyon [50]
Lifetime Achievement - Actor Jesse Adams
Lifetime Achievement - Gay Actor Chip Daniels
Anthony Spinelli Lifetime Achievement - Director Carter Stevens
Lifetime Achievement - Gay Director Chi Chi LaRue
Joel T. Warner 'Good Guy' Award Steve Orenstein (Wicked Pictures)
Hal Freeman 'Freedom Isn't Free' Award Gary Kremen
Positive Image Award Jenna Jameson
2005 Lifetime Achievement - Actress Alicia Rio [51]
Lifetime Achievement - Actor Johnnie Keyes
Lifetime Achievement - Gay Actor Jeff Stryker
Anthony Spinelli Lifetime Achievement - Director Jim Holliday
Lifetime Achievement - Gay Director Wash West
Hal Freeman 'Freedom Isn't Free' Award Mike Moran of (LD Management)
Positive Image Award Jim Griffith (Playboy Entertainment Group)
2006 Lifetime Achievement - Actress Jill Kelly [52]
Lifetime Achievement - Actor Marcus Spencer
Lifetime Achievement - Gay Actor Michael Brandon
Lifetime Achievement - Gay Director John Rutherford
Joel T. Warner 'Good Guy' Award Bob Pyne Sr. (Williams Trading founder)[53]
Hal Freeman 'Freedom Isn't Free' Award Lenny Friedlander (New Beginnings owner),[54] Phyllis Heppenstall (Peekay founder),[55] and Dave Cummings
Advocate Award Angelina Spencer (ACE National Executive Director)[56]
2008 Legacy Award Harry Mohney (Déjà Vu) [57][58]
Man of the Year Scott Coffman (AEBN President and founder)[59]
Woman of the Year Rondee Kamins (GVA-TWN CEO)[60]
Business of the Year Sureflix Digital Distribution
2009 Positive Image Award (Male) Ron Jeremy (rescinded in 2017 due to multiple allegations of sexual assault against him).[61] [62]
Positive Image Award (Female) Stormy Daniels
Legacy Award Larry Flynt (Hustler founder and Free Speech advocate)
Man of the Year John Stagliano (Evil Angel)
Woman of the Year Peggy Oettinger (Sinclair Institute president)[63]
Pleasure Products Company of the Year Screaming O
Production Company of the Year Titan Media
Internet Company of the Year Video Secrets (live cam company)
2010 Leadership Award Girlfriends Films [64]
2011 Leadership Award Colin Rowntree (Wasteland.com CEO) [65]
2012 Positive Image Award Steven St. Croix & jessica drake [28]
Legacy Award Susan Colvin (California Exotic Novelties founder)
Man of the Year Tim Valenti (AEBN, NakedSword)
Woman of the Year Theresa Flynt (Hustler)[66]
Pleasure Products Company of the Year Sportsheets
Production Company of the Year Vivid Entertainment
Internet Company of the Year Gamma Entertainment
Leadership Award Allison Vivas (Pink Visual CEO)
Benefactor of the Year Manwin
2014 Positive Image Award James Deen [67]
Legacy Award Steven Hirsch (Vivid Entertainment founder)
Man of the Year Nick Orlandino (Pipedream Products)[68]
Woman of the Year Bonnie Feingold (Honey's Place CEO and president)[69]
Pleasure Products Company of the Year California Exotic Novelties
Production Company of the Year Hot House Entertainment
Internet Company of the Year Gamelink
Leadership Award Nina Hartley & Ernest Greene
Benefactor of the Year Wicked Pictures
Retailer of the Year Lions Den
2015 Positive Image Award Chanel Preston (The announcement is unclear as to whether this award was renamed the Performer of the Year Award, or whether the title on the announcement is in error since the description still calls it the Positive Image award.) [70]
Legacy Award Phil Harvey
Man of the Year Christian Mann
Woman of the Year Lorelei Lee
Pleasure Products Company of the Year Pipedream Products
Production Company of the Year Wicked Pictures
Internet Company of the Year Clips4Sale
Leadership Award Streamate
Retailer of the Year Castle Megastore
Christian Mann Courage and Leadership Award Peter Acworth
2016 Positive Image Award Ela Darling [71]
Man of the Year Steve Orenstein (Wicked Pictures)
Woman of the Year Susan Colvin (California Exotic Novelties founder)
Pleasure Products Company of the Year Screaming O
Production Company of the Year Mile High Media
Internet Company of the Year BaDoink.com
Leadership Award Frank Kaye & Michael Kaye (Pleasure Productions)[72]
Retailer of the Year Good Vibrations
Christian Mann Courage and Leadership Award FSC Staff, including Diane Duke, Joanne Cachapero and Julie X
Legacy Award Kelly Holland

The Free Speech Coalition also presents an Award of Excellence at the Cybersocket Web Awards (won in 2010 by CorbinFisher.com)[73]

See also

References

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  2. ^ a b c "History". Free Speech Coalition. Archived from the original on 28 February 2019. Retrieved 7 January 2022.
  3. ^ Meyer, Josh (27 January 1990). "City Arms for New Legal War on Porn". Los Angeles Times. Retrieved 29 December 2020.
  4. ^ Ostrow, Ronald J. (4 December 1990). "L.A. Firms Indicted on Porn Charges". The Los Angeles Times. Retrieved 29 December 2020.
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  7. ^ a b Johnson, John (24 June 1991). "X-Rated Industry's Ad Attacks Censorship". The Los Angeles Times. Retrieved 29 December 2020.
  8. ^ "History". Free Speech Coalition. Archived from the original on 28 February 2019. Retrieved 16 June 2020. Over the organization's twenty five year history, it has fought for the rights of producers, distributors, performers and consumers of adult entertainment and pleasure products through battles in the legislature, the courts, regulatory agencies, at the ballot box and in the press.
  9. ^ "Priorities". Free Speech Coalition. Retrieved 16 June 2020. The adult industry is home to a multi-faceted and diverse workforce, which is why we are committed to intersectionality in our approach to serving the communities we represent. Our work must support not only the industry at large, but also the populations that work within the adult industry who have historically been underserved, harassed, and discriminated against by society at large. This includes but is not limited to issues related to: women's health and reproductive rights, LGBT rights, immigration, sexual health and wellness, sex education, decriminalization of victims and workers, human trafficking, discrimination, racism, and consent. Join the fight, and support the communities that work within the adult industry.
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  24. ^ Ariana Rodriguez, "AEBN's Scott Coffman Named FSC's Man of the Year" Archived 10 January 2014 at the Wayback Machine, 7 October 2008
  25. ^ a b c d e "2014 FSC Awards Winners Announced" Archived 10 January 2014 at the Wayback Machine, 7 January 2014
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  32. ^ Shaulis, Sherri (29 December 2017). "Synergy Erotic's Bob Wolf Earns 'O' Awards Lifetime Achievement". AVN. Retrieved 7 January 2022. Wisner owned several printing and publishing firms in Southern California, as well as adult retail stores in Northern California and a few newspaper, magazine and movie distribution outlets.
  33. ^ "XXX PUBLISHING TITAN DIES". AVN. 5 November 1999. Retrieved 7 January 2022.
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  64. ^ "Girlfriends Films to Receive FSC Leadership Award". AVN. 3 February 2010. Retrieved 7 January 2022.
  65. ^ "Wasteland's Rowntree Presented with FSC Leadership Award". AVN. 15 February 2011. Retrieved 7 January 2022.
  66. ^ "Theresa Flynt, Hustler". AVN. Retrieved 7 January 2022.
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