Archives for category: Academic Freedom

John Merrow was the education correspondent for PBS for many years. Now, in retirement, he continues to write and help us think through the existential moments in which we live.

He writes:

More than five million demonstrators in about 2000 communities stepped forward to declare their opposition to Donald Trump, on June 14th. “No Kings Day” was also Trump’s 79th birthday, Flag Day, and the anniversary of the creation of the American army.

So now we know what many of us are against, but the central question remains unanswered: What do we stand FOR? What do we believe in?

Just as FDR called for Four Freedoms, the Democratic party needs to articulate its First Principles.  I suggest three: “The Public Good,” “Individual Rights,” and “Rebuilding America after Trump.” 

 THE PUBLIC GOOD: Democrats must take our nation’s motto, E pluribus unum, seriously, and they must vigorously support the common good.  That means supporting public libraries, public parks, public schools, public transportation, public health, public safety, public broadcasting, and public spaces–almost anything that has the word ‘public’ in it.

INDIVIDUAL RIGHTS: Because the fundamental rights that are guaranteed in our Constitution are often subject to interpretation, debate, and even violent disagreement, Democrats must be clear.  Free speech, freedom of worship, habeas corpus, and other fundamental rights are not up for debate, and nor is a woman’s right to control her own body.  

Health care is a right, and Democrats must make that a reality.  

Conflict is inevitable–think vaccination requirements–and Democrats should come down on the side of the public good.  

Because Americans have a right to safety, Democrats should endorse strong gun control measures that ban assault weapons that have only one purpose–mass killing. 

REBUILDING AMERICA AFTER TRUMP:  The Trump regime was and continues to be a disaster for a majority of Americans and for our standing across the world, but it’s not enough to condemn his greed and narcissism, even if he goes to prison.  Let’s first acknowledge that Trump tapped into serious resentment among millions of Americans, which further divided our already divided country.  

The challenge is to work to bring us together, to make ‘one out of many’ in the always elusive ‘more perfect union.’  The essential first step is to abandon the ‘identity politics’ that Democrats have practiced for too long.  Instead, Democrats must adopt policies that bring us together, beginning with mandatory National Service: 

National Service: Bring back the draft for young men and women to require two years of (paid) National Service, followed by two years of tuition or training credits at an accredited institution.  One may serve in the military, Americorps, the Peace Corps, or other helping organizations.  One may teach or work in distressed communities, or rebuild our national parks, or serve in other approved capacities.  JFK famously said “Ask not what your country can do for you. Ask what you can do for your country.”  Let’s ask BOTH questions.  

Additionally: 1) Urge states to beef up civic education in public schools, teaching real history, asking tough questions.  At the same time, federal education policies should encourage Community schools, because research proves that schools that welcome families are more successful across many measures.

2) Rebuild Our Aging Infrastructure: This is urgent, and it will also create jobs.

3) Adopt fiscal and monetary policies to address our burgeoning national debt. This should include higher taxes on the wealthy, emulating Dwight Eisenhower. 

4) Adopt sensible and realistic immigration policies that welcome newcomers who arrive legally but close our borders to illegal immigration.

5) Rebuilding America also means rebuilding our alliances around the world.  Democrats should support NATO and Ukraine, and rejoin efforts to combat climate change. 

James Ryan, the president of the University of Virginia since 2018, announced his resignation under intense pressure from the Trump administration.

The Civil Rights Division of the Trump administration pressured the Board of Governors of the university to remove Ryan because of his support for diversity, equity, and inclusion.

They said that he pretended to comply with the federal demands to eliminate DEI but merely renamed them.

For the past half century, DEI was considered a hallmark of compliance with civil rights laws. DEI programs encouraged women and nonehites to enroll in higher education and to study the history of discrimination.

Under Trump, DEI has been reinterpreted to mean favoring those groups at the expense of white men and thus discriminating against white men.

The Trump administration has cut federal grants to universities that are slow or unwilling to dismantle DEI programs.

The New York Times reported that lawyers for the Civil Rights Division demanded Ryan’s ouster.

The demand to remove Mr. Ryan was made over the past month on several occasions by Gregory Brown, the deputy assistant attorney general for civil rights, to university officials and representatives, according to the three people briefed on the matter.

Mr. Brown, a University of Virginia graduate who, as a private lawyer, sued the school, is taking a major role in the investigation. He told a university representative as recently as this past week that Mr. Ryan needed to go in order for the process of resolving the investigation to begin, two of the people said.

Harmeet K. Dhillon, the Justice Department’s top civil rights lawyer, has also been involved in negotiations with the university. She received her law degree from the University of Virginia, where she was a student in the law school at the same time as Mr. Ryan…

Mr. Ryan, hired in 2018 as the university’s ninth president, has leaned into issues like making the school more diverse, increasing the number of first-generation students and encouraging students to do community service. But his approach, which he says will make the university “both great and good,” has rankled conservative alumni and Republican board members who accuse him of wanting to impose his values on students and claim he is “too woke.”

Before becoming the University of Virginia’s president, Mr. Ryan served as the dean of the Harvard Graduate School of Education, where he was praised for his commitment to D.E.I. programs. Harvard has been one of the Trump administration’s chief targets since it began its assault on higher education.

The administration’s attempt to assert federal influence over state university leadership decisions is also illustrative of how Mr. Trump’s political appointees continue to wield the Justice Department’s investigative powers to achieve policy goals long sought by a top Trump adviser, Stephen Miller.

Legal experts said they could think of few other instances in which an administration had demanded that a school have its president removed in order to resolve a Justice Department investigation.

“This is a tactic you would expect the government to use when it’s playing hard ball in a criminal case involving a corporation accused of serious wrongdoing or pervasive criminal activity,” said Daniel C. Richman, who is a law professor at Columbia University and a former federal prosecutor.

Henry David Thoreau wrote: “In wildness is the preservation of the world.” Thoreau understood that as humans we need to be nourished by contact with or immersion in the natural world. Environmentalists understand this. They fight the inexorable march of what we call progress, which clear-cuts forest and paves over what once were boundless plains. Today, most of us get into a car and drive for hours to connect to wilderness. And we find solace in those encounters.

Most presidents take pride in the number of acres of wilderness that they have saved for future generations and the number of national monuments they designated to preserve unique natural formations. Not Trump. Trump has been openly hostile to environmental protection and to any measures that reduce the risks of climate change.

Yesterday the administration announced that it was opening up 58 million acres for commercial development.

Lisa Friedman wrote in The New York Times:

The Trump administration said on Monday that it would open up 58 million acres of back country in national forests to road construction and development, removing protections that had been in place for a quarter century.

Agriculture Secretary Brooke Rollins announced plans to repeal the 2001 “roadless rule” that had preserved the wild nature of nearly a third of the land in national forests in the United States. Ms. Rollins said the regulation was outdated.

“Once again, President Trump is removing absurd obstacles to common-sense management of our natural resources by rescinding the overly restrictive roadless rule,” Ms. Rollins said in a statement. She said the repeal “opens a new era of consistency and sustainability for our nation’s forests.”

Environmental groups said the plan could destroy some of America’s untouched landscapes and promised to challenge it in court.

The unspoiled land in question includes Tongass National Forest in Alaska, North America’s largest temperate rainforest; Reddish Knob in the Shenandoah Mountains, one of the highest points in Virginia; and millions of acres of the Frank Church-River of No Return Wilderness in Idaho.

“Most Americans value these pristine backcountry areas for their sense of wildness, for the clean water they provide, for the fishing and hunting and wildlife habitat,” said Chris Wood, the chief executive of Trout Unlimited, an environmental group.

Businesses are eager to chop down the timber. There’s profit in those untouched forests, maybe even tracts for homes. The word “pristine” in not in their vocabulary.

The Chronicle of Higher Education reports that legislatures in Republican-controlled states are passing laws to restrict teaching about racism or any kind of DEI in higher education. Such state laws follow the lead of Governor Ron DeSantis in Florida, who was first to launch the war on academic freedom, but also the policies of Trump, who has declared that he too will make war on “woke” (that is, anything that is honest about the dark side of the American past.)

Katharine Mangan reported:

Teaching social work in Tuscaloosa, Ala., Cassandra E. Simon often assigns readings that describe how the families her students might one day serve have been impacted by more than a century of housing, employment, and education discrimination. The associate professor has encouraged her students to engage in spirited discussions about race, even assigning a project in which they advocate for or against a social-justice issue.

Doing any of those things today, she argues in a federal lawsuit, could get her fired from the state flagship, where she’s taught for 25 years. Last year, the state’s Republican governor, Kay Ivey, signed into law a sweeping bill that restricts what professors can teach about race. If any of their lessons veer into what conservative politicians have deemed “divisive concepts,” faculty members risk being reported, investigated, and potentially fired.

That kind of incursion into the curriculum is growing and prompting a flurry of First Amendment challenges from Simon and other plaintiffs. It’s a line state lawmakers did not cross early on in their push to dismantle DEI efforts, even as universities shuttered offices, laid off employees, canceled scholarships, and called off diversity training. But over the past two years, more than a dozen laws have been enacted that either limit which classes can be taught or imposed restrictions on what professors can say in the classroom, according to a Chronicle analysis of state legislation and a compilation of what PEN America calls “educational gag orders.”

This year especially “has been a banner year for censorship at a state level across the country,” said Amy B. Reidsenior manager at PEN America’s Freedom to Learn program. “The point of a lot of these restrictions is to put people on guard, worried that anything or everything could be prohibited so you really have to watch what you say.”

Some of the chief architects of the DEI-dismantling playbook have insisted that they’re not trying to silence anyone. In a January 26 letter to the editor in The Wall Street Journal by Ilya Shapiro and Jesse Arm of the Manhattan Institute, the institute declared that “Conservatives Have No Interest In Censorship.”

“By ending practices such as identity-based discrimination and compulsory, politically coercive diversity statements,” these laws “protect the rights of professors and students to engage freely on all topics, including race,” they wrote.

Despite such reassurances, recent bills seeking to eliminate diversity efforts are encroaching on curricula in a variety of ways. Some states, like Texas, Florida, and Utah, are giving boards more control over what goes into the core curriculum, as well as the ability to shut down programs with low enrollments or questionable work-force advantages. Others, like Alabama and Mississippi, have erected guardrails on topics that can be discussed in the classroom.

Supporters say these laws are needed to prevent liberal professors from veering off into lessons that amount to activism. Some conservative lawmakers argue that it’s their responsibility, as stewards of taxpayer dollars, to ensure public universities are offering degrees that will help students be successful and land jobs.

Critics see these incursions as infringements on free speech and academic freedom. 

The intentions of those who launched “the war on woke” are irrelevant to the reality of what happens when their concerns are taken up by legislatures intent on stamping out disturbing but historically accurate discussions of race and gender. When red-state legislators restrict academic freedom, they do it with an axe, not a scalpel. The result is to instill fear in professors about what they teach and whether they will be fired for thought crimes.

In 2017, when Trump passed his first budget bill, his allies inserted into it an unprecedented tax on institutions of higher education that have large endowments. The tax was 1.4%. But that 1.4%, though it seemed small, was money that would not be available for low-income students at expensive colleges and universities. The next logical step–once the government starts taxing nonprofits– would have been to tax megachurches but that didn’t happen.

This year, the Trump administration has included in its “One Big Ugly Budget Bill” a dramatic increase in the tax on higher education endowments.

Instead of 1.4%, the highest rate would climb to 21%.

This onerous tax would limit colleges’ ability to cover the tuition of students who are fully qualified but lack the financial resources to pay. The inevitable result of this tax will be to restrict the number and size of scholarships.

I received this letter from President Paula A. Johnson of Wellesley College, my alma mater. Dr. Johnson grew up in Brooklyn, where she graduated from a large public high school (Samuel J. Tilden), then to Radcliffe and to Harvard Medical School. She was a cardiologist before she was chosen as Wellesley’s president almost a decade ago. She is dedicated to providing scholarships for students who need them.

She wrote to all alumnae:

It is hard to overstate the importance of this moment for higher education. We are being threatened in previously unimaginable ways that cut to the core of our values and endanger a large proportion of our students. At Wellesley, we are deeply concerned about changes that could affect academic freedom, our need-blind status, and our ability to build a diverse community, one made richer by our international students.  

One of the most significant threats comes from the likelihood of a major increase to the tax on college endowments. Last month, the U.S. House of Representatives passed a budget bill that would raise the tax from 1.4% to as much as 21%. Under this proposal, Wellesley would be taxed at 14%, which means our liability under the tax would increase from $3 million, where it is currently, to $30 million per year—an amount equal to fully funding financial aid for 325 students. 

When you consider that more than two-thirds of the $82 million Wellesley spent last year to support financial aid came from our endowment, the disastrous impact of this tax becomes clear. This is a punitive tax on students and families who need financial aid.

The tax would also have a disproportionate impact on small colleges like Wellesley that, without other revenue streams such as graduate programs or large research budgets, rely on endowments to support their mission.

At Wellesley, 43% of our operating budget comes from the endowment, making it our largest source of revenue. A tax increase would have a severe impact on our academic program and our ability to meet students’ financial needs. In addition, the tax would override the intent of generations of alumnae who have given to the endowment to support financial aid and our academic mission. 

That is why Wellesley has joined a coalition of more than two dozen small colleges and universities from 17 states across the country that together serve more than 50,000 students. The coalition’s core argument, which we are sharing with members of Congress, is that endowments are not a luxury for small colleges; they are essential to continuing our commitments to access, opportunity, and educational excellence for students. 

If this totally unwarranted tax is passed, the number of meritorious students from low-income, even middle-income families would shrink dramatically.

This is wrong.

Raise taxes on corporations and billionaires.

Tax megachurches.

Raise the taxes and tariffs on super yachts.

Don’t tax the endowments of institutions of higher education.

Joyce Vance is a former federal prosecutor for North Alabama. She writes an important blog called Civil Discourse, where she usually explains court decisions and legal issues. Today she turns to education.

Today I’m recovering from the graduation tour, one in Boulder and one in Boston in the last two weeks, and getting back into the groove of writing as I continue to work on my book (which I hope you’ll preorder if you haven’t already). The graduations came at a good moment. 

Watching my kids graduate, one from college and one with a master’s in science, was an emotional experience—the culmination of their years of hard work, sacrifice, and growth, all captured in a single walk across the stage. They, like their friends, my law students, and amazing students across the county, now enter society as adults. Even beyond the individual stories of hardships overcome and perseverance, witnessing these rites of passage makes me feel profoundly hopeful. The intelligence and commitment of the students—many of whom are already tackling big problems and imagining new, bold solutions—gives me a level of confidence about what comes next for our country. In a time when it’s easy to get discouraged, their commitment and idealism stands as a powerful reminder that they are ready to take on the mess we have left them. 

The kids are alright, even though they shouldn’t have to be. Talking with them makes me think they will find a way, even if it’s unfair to ask it of them and despite the fact that their path will be more difficult than it should be. Courage is contagious, and they seem to have caught it. Their educations have prepared them for the future we all find ourselves in now.

As students across the country prepared to graduate this year, Trump released his so-called “skinny budget.” If that’s how they want to frame it, then education has been put on a starvation diet—at least the kind of education that develops independent thinkers who thrive in an environment where questions are asked and answered. Trump pitches the budget as “gut[ting] a weaponized deep state while providing historic increases for defense and border security.” Defense spending would increase by 13% under his proposal.

The plan for education is titled, “Streamline K-12 Education Funding and Promote Parental Choice.”Among its provisions, the announcement focuses on the following items:

  • “The Budget continues the process of shutting down the Department of Education.” 
  • “The Budget also invests $500 million, a $60 million increase, to expand the number of high-quality charter schools, that have a proven track record of improving students’ academic achievement and giving parents more choice in the education of their children.”

As we discussed in March, none of this is a surprise. Trump is implementing the Project 2025 plan. In December of 2024, I wrote about how essential it is to dumb down the electorate if you’re someone like Donald Trump and you want to succeed. A rich discussion in our forums followed. At the time I wrote, “Voters who lack the backbone of a solid education in civics can be manipulated. That takes us to Trump’s plans for the Department of Education.” But it’s really true for the entirety of democracy.

Explaining the expanded funding for charter schools, a newly written section of the Department of Education website reads more like political propaganda than education information: “The U.S. Department of Education announced today that it has reigned [Ed: Note the word “”reigned” is misspelled] in the federal government’s influence over state Charter School Program (CSP) grant awards. The Department removed a requirement set by the Biden Administration that the U.S. Secretary of Education review information on how states approve select entities’ (e.g., private colleges and universities) authorization of charter schools in states where they are already lawful authorizers. This action returns educational authority to the states, reduces burdensome red tape, and expands school choice options for students and families.”

There are already 37 lawsuits related to Trump’s changes to education. Uncertainty is no way to educate America’s children. Cutting funding for research because you want to score political points about DEI or climate change is no way to ensure we nurture future scientists and other thinkers and doers…

I am reminded again of George Orwell’s words: “The most effective way to destroy people is to deny and obliterate their own understanding of their history.” The historians among us, and those who delve into history, will play a key role in getting us through this. Our love and understanding of history can help us stay grounded, understanding who we are, who we don’t want to become, and why the rule of law matters so damn much to all of it….

Thanks for being here with me and for supporting Civil Discourse by reading and subscribing. Your paid subscriptions make it possible for me to devote the time and resources necessary to do this work, and I am deeply grateful for them.

We’re in this together,

Joyce

Trump is a petty man who is filled with rage, grievance, and a passion for retribution. His current target is Harvard University because the nation’s most prestigious university told him no. Harvard’s President Alan Garber said it would not allow the federal government to control its curriculum, its admissions, and its hiring policies. No.

Every Cabinet department has pulled research grants to Harvard. Now he warns he might turn the billions that were going to medical and scientific research and hand it over to trade schools.

He would rather stop researchers who are trying to find cures for cancer, tuberculosis, Alzheimer’s, multiple sclerosis, and other diseases than back down on his efforts to stifle academic freedom and his vendetta against Harvard.

I don’t know about you, but I would rather see the federal government fund the search for a cure for MS than withdraw the funding. If he wants to fund trade schools, why should he do so at the expense of crucial research?

He wrote on Truth Social yesterday:

“I am considering taking Three Billion Dollars of Grant Money away from a very antisemitic Harvard, and giving it to TRADE SCHOOLS all across our land,” Trump said in a post on social media. “What a great investment that would be for the USA, and so badly needed!!!”

Meanwhile, Trump dreamed up another way to harass Harvard during the hours when he couldn’t get to sleep. He demanded that Harvard give him a list containing the names and countries of origin of all its foreign students. Harvard has nearly 7,000 foreign students. Why? What will he do with those names? Will he say they are spies and try again to expel them? Funny thing is he already has all their names and countries. They were registered when they applied for a visa. It’s all a campaign of endless vengeance by a petty, bitter man.

If someone asked you which of Trump’s policies was the most catastrophic, what would you say? His personal attacks on law firms that had the nerve to represent clients he didn’t like? His unleashing of ICE to threaten and arrest people who have committed no crime? His efforts to intimidate the media? His assault on free speech, freedom of the press, and academic freedom? His blatant disregard for the Constitution?

All of these are horrible, despicable, and vile.

Yet one of his grievances burns deeper than the other. This is his contempt for science.

His first show of irrational hatred for science was his selection of the utterly unqualified Robert F. Kennedy Jr. as Secretary of Health and Human Services. He is a conspiracy theorist with no experience in science or medicine. RFK has been a one-man wrecking crew.

Then he used his authority to close down university research centers. These centers are working on cures for the most intractable diseases: cancer, ALS, Alzheimer’s, and more.

Why does Trump hate science? Is it another facet of his ongoing hatred for knowledge, the arts, culture?

Fareed Zakaria of CNN gives a good overview.

Watch.

The Trump administration has declared war on Harvard University, for what is now–in the Trump era–the usual reasons: allegedly, that Harvard is not doing enough to stop anti-Semitism (a claim that is opposed by many Jews, who don’t want to be the favorite cause of a hateful, bigoted President); that Harvard engages in the policies of diversity, equity, and inclusion, which have been banned by the Trump administration; and that Harvard engages in “racism” by admitting and hiring nonwhite students and professors. The Trump administration has demanded the power to monitor Harvard’s curriculum, admissions, and hiring. Such a federal takeover is obviously unacceptable to Harvard, as it should be unacceptable to any private institution.

To Harvard and other universities, such a government intrusion would compromise academic freedom and their independence. Frankly, the best characterization of this government takeover of independent private institutions is fascist.

The Trump administration is currently withholding $2.2 billion that is dedicated to medical and scientific research. Does it make sense to punish Harvard’s alleged DEI transgressions by stopping funding for projects seeking cures for tuberculosis and ALS?

Secretary of Education Linda McMahon wrote a condescending, insulting letter to Harvard, warning that it would no longer receive any funding until it accepted Trump’s demands. She posted it on Twitter.

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She accused Harvard of “disastrous mismanagement,” snd she warned, “This letter is to inform you that Harvard should no longer seek grants from the federal government, since none will be provided.” Her biggest grievance appears to be that Harvard continues to practice affirmative action despite the Supreme Court banning it. The Trump administration considers any effort to admit or hire people of color to be racism. So the very presence of Black students and professors is evidence that Harvard engages in “ugly racism.”

In her letter, Secretary McMahon rants about Harvard’s abandonment of “merit” and of the excellence for which it was once known.

This stance is ironic, coming from a member of the most unqualified, incompetent Cabinet in modern American history. Was McMahon the best qualified person to be Secretary of Education? Did her experience in the world of wrestling entertainment qualify her to lecture Harvard about academic excellence? Was there no Republican State Commissioner of Education or university president available?

Was Robert F. Kennedy Jr. the best person to run the department of Health and Human Services? Did Pete Hegseth become Secretary of Defense because of his merit?

Various Twitter accounts have posted a copy of her letter with her grammatical errors marked in red pencil. They claim this was Harvard’s response, but it was not.

Harvard responded with a dignified letter to McMahon that restated their intention not to be cowed by her threats, rudeness, and bluster.

The New York Times reported,

In a statement on Monday night, a Harvard spokesperson said the letter showed the administration “doubling down on demands that would impose unprecedented and improper control over Harvard University and would have chilling implications for higher education.”

The statement suggested it would be illegal to withhold funds in the manner Ms. McMahon described.

“Harvard will continue to comply with the law, promote and encourage respect for viewpoint diversity, and combat antisemitism in our community,” the statement said. “Harvard will also continue to defend against illegal government overreach aimed at stifling research and innovation that make Americans safer and more secure.”

I’m betting on Harvard. They are fighting for academic freedom and for freedom from government control of a private institution. They will have the best legal talent. They will be represented by lawyers with sterling conservative credentials.

Harvard will be here long after the Trump administration is a memory, a very bad memory, like the McCarthy era.

Jamelle Bouie, one of the most insightful columnists for The New York Times, observes that Trump has no interest in governing. He is interested in ruling. He thinks he has a mandate, even though he did not win 50% of the popular vote. He thinks his will is as powerful as law. He does not share power with Congress, and he’s testing how far he can go to diminish the courts.

Bouie reflects on Trump’s indifference to the other branches of Govenment in this newsletter:

I think it’s obvious that neither President Trump nor his coterie of agents and apparatchiks has any practical interest in governing the nation. It’s one reason (among many) they are so eager to destroy the federal bureaucracy; in their minds, you don’t have to worry about something, like monitoring the nation’s dairy supply for disease and infection, if the capacity for doing so no longer exists.

But there is another, less obvious way in which this observation is true. American governance is a collaborative venture. At minimum, to successfully govern the United States, a president must work with Congress, heed the courts and respect the authority of the states, whose Constitutions are also imbued with the sovereignty of the people. And in this arrangement, the president can’t claim rank. He’s not the boss of Congress or the courts or the states; he’s an equal.

The president is also not the boss of the American people. He cannot order them to embrace his priorities, nor is he supposed to punish them for disagreement with him. His powers are largely rhetorical, and even the most skilled presidents cannot shape an unwilling public.

Trump rejects all of this. He rejects the equal status of Congress and the courts. He rejects the authority of the states. He does not see himself as a representative working with others to lead the nation; he sees himself as a boss, whose will ought to be law. And in turn, he sees the American people as employees, each of us obligated to obey his commands.

Trump is not interested in governing a republic of equal citizens. To the extent that he’s even dimly aware of the traditions of American democracy, he holds them in contempt. What Trump wants is to lord over a country whose people have no choice but to show fealty and pledge allegiance not to the nation but to him.

What was it Trump said about Kim Jong-un, the North Korean dictator, during his first term in office? “Hey, he’s the head of a country. And I mean he is the strong head. Don’t let anyone think anything different,” Trump said in 2018. “He speaks, and his people sit up at attention. I want my people to do the same.”

He wants his people to do the same.

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