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November 1998 election day print of the St. Mary's Today would be especially critical of
Voorhaar and other candidates supported by Voorhaar, including his close friend and candidate for St. Mary's County States's Attorney, Richard Fritz. As a result, deputies in the Sheriff's Office devised a plan to buy out all the copies of the St. Mary's Today that were being sold around the county in order to limit the spread of the information that it contained and "to piss off", with $ 500 each being committed to the plan by Voorhaar and Fritz. The headline for that day's issue of the St. Mary's Today was "Fritz Guilty of Rape", referencing a case that involved Fritz dating from 1965. The issue also included various other articles that were critical of Fritz and Voorhaar and place them in a negative light, including an instance where Voorhaar poorly handled a case of sexual harassment in the Sheriff's Office. Of the 6,000 copies of the St. Mary's Today that were issue on election day, at least 1,600 of the copies were either purchased or seized before 7:00 am by deputies, making them very difficult to find around the town. Richard Voorhaar won his bid for reelection as Sheriff and Richard Fritz was elected to his first term as State's Attorney. In November 1999 Rossignol sued Voorhaar, Fritz, and the deputies that were involved. In January 2003 Chief Judge Wilkinson of the U.S. Court of Appeals for the fourth circuit decided in favor of Rossignol. Rossignol later received a settlement of $ 435,000 in April 2005.
193:. On March 8, 1992 the Bay Times, a free local biweekly gay newspaper, published a front-page story that was critical of the way that Hongisto handled demonstrators in San Francisco following the results of the case. Reportedly, Hongisto directed a sergeant to remove access to the papers from the public, ultimately resulting in police inspector Jerry Golz and officer Tom Yuen confiscating the papers from free newsstands on the morning of May 8, 1992. During that morning, the Bay Ties estimated that between 2,000 and 4,000 copies of the newspaper were confiscated by Hongisto's officers. Hongisto maintained that he never had any intention of confiscating the papers and that the papers had been taken by the officers after he suggested that the days copy of the paper be distributed among the San Francisco police officers. The San Francisco Police Commission investigated the issue and, on May 15, 1992, decided by a unanimous vote to discharge from the police force due to the fact that, as commission Chairman Harry Low stated, Hongisto had, "exercised poor judgment and abused his power in this incident".
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impossible. As a result of these difficulties, SPLC recommends that student papers include language in their advertisements that states that while the first copy of the paper is free for students, subsequent copies must be purchased at some predefined price. By giving a price to all the copies taken after the first one, free student run newspapers can pursue legal actions against those that engage in newspaper theft using the common theft laws in states where there are no specific laws protecting free newspapers from attempts to censure them. Even when the paper has no listed sales price, free papers can seek monetary damages as the result of costs or lost revenues associated with printing cost, other production costs, delivery costs, and revenue that is needed to refund advertisers. As of
December 2018, Maryland and California have laws specifically prohibiting taking large amounts of free newspapers.
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all involved in this instance of newspaper theft, although Sidhu and Kostal deny having any involvement in the theft. The UWM Post reported that Kostal had directed Hapka to steal the newspapers in order to limit the amount of criticism that reached the student government officials who had organized the event. Surveillance footage dated on
October 31, 2011 then showed Hapka stealing the papers, after which Hapka admitted that he took the papers to Sidhu's car where they drove to dispose of the papers in the trash. The UWM post estimated that 800 of copies of the paper were stolen and disposed of by the student government officials. Kostal, Hapka, and Sidhu all resigned from their posts within student government. The UWM Post decided to civilly sue Kostal and Sidhu as representatives of the state, after consulting the SPLC, for violation of the paper's first amendment rights.
240:, North Carolina State University's student-run newspaper, published a story that leaked the real name of a candidate that was running anonymously as "The Pirate Captain", 5000 copies of the paper were stolen across campus. No evidence was discovered that implicated an individual in the crime, and because the paper had no value it was initially not investigated by the University's police department. Newspaper theft against free newspapers in an attempt to censure their content may not be investigated, as demonstrated in the two cases above, because no monetary value can be given to an item that is available free of charge.
303:(CCU), published an article on the student government associated race that included a reference to the CCU chapter of the Kappa Sigma fraternity being suspended from the University as the result of sexual assault and a hazing allegations. In reality, the fraternity had not been suspended as the result of hazing allegations and
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identified to be Jason Polsky and
Alexander Montiel, both pledges of Kappa Sigma who admitted to having stolen the newspapers. Roughly 2,000 copies of the paper were stolen and because the paper assigned a value of $ 1 for every paper after 2 taken, the Kappa Sigma pledges were required to compensate
235:
published an article critical of a $ 5000 expense by then student president
Roxanna Sanchez to fly herself and her intern out to a conference that was not approved by the school. The morning that the story was published between 1,200 and 2,000 copies of the paper were stolen from the racks where they
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There have been various instances where governments or private individuals, directly related to their role or conduct within government or as a government official, will use newspaper theft as a tool to censure newspapers and other publications. This action is generally undertaken to limit the spread
121:. However, in July 2012 a commission that reviews laws recommended that Colorado's law making the theft of free newspapers a crime be repealed, the Colorado legislator then repealed the law and the theft of free newspapers is no longer a crime in Colorado as of July 2013. The Maryland law makes it a
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Greek organizations may engage in newspaper theft as a way to limit the dissemination of negative stories that are published on the organizations, such as sexual assault, hazing, or poor living conditions. Of the instances of newspaper theft that have been reported to the SPLC as of 2010, 41 of the
177:
A summary of the facts of the case area as follows: Kenneth
Rossignol is the owner of the St. Mary's Today newspaper, a weekly newspaper in St. Mary's County, Maryland that was known for being critical of local officials, including Richard Voorhaar, the county sheriff. Voorhaar anticipated that the
88:, as does unauthorized taking of newspapers that have been delivered to subscribers or have yet to be distributed. People's right to distribute and consume the content contained in newspapers is not only protected by individual rights to property, but also protected against government seizure under
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were made aware that copies of the day's paper had disappeared from distribution points all across campus. One member of the staff even saw a sorority member stuffing copies of the paper into her backpack. The sorority claimed that the actions were done by a single individual, not organized by the
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published a story that was critical of an event that was put on by student government to introduce freshman students to the area surrounding campus. Reportedly, the president, Alex Kostal, SA office manager, Andrew Hapka, and Rules and the Rules and
Oversight Committee Chairman, David Sidhu, were
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There have been various instances of student government officials taking part in newspaper theft as a means to censure stories run by student run newspapers or as an act of retaliation against stories published or research being conducted by these organizations. Of the instances of newspaper theft
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Newspaper theft on college campuses poses a complicated legal issue because many student run papers are made available for free, as a result pursuing legal action against individuals that take many copies of the paper with the intent to censure or destroy them can often be very difficult, if not
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fraternity bought ecstasy from an undercover police officer. The story was published on
February 28, 2013 and that day staff of the Hullabaloo found the paper in the trash and later saw two men throwing the papers away in the trash. The witness took an image of these two men and they were later
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offense when "A person ... knowingly or willfully obtain or exert control that is unauthorized over newspapers with the intent to prevent another from reading the newspapers." These laws are based on a logic that newspapers, especially less powerful local papers with smaller print runs, serve a
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The motivation for newspaper theft is usually to suppress circulation of a story, item, or advertisement that is viewed as unfavorable or offensive by an individual or group. In some cases, the action is motivated by a generalized animus toward the editorial slant of the publication. The actors
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In many cases the culprits of newspaper theft on college campuses go unpunished because no official investigation is conducted due to the fact that the papers are free or because there is simply not enough evidence to point to a specific suspect or group of suspects. On April 20, 2009
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issued a correction that same day that corrected the mistake that had been made on the article. On
February 24, 2016 4,500 copies of the student newspaper went missing, including copies of the previous edition as the newspaper has a weekly circulation of only 3,300.
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were being distributed. Ultimately, the theft was not investigated by the
University or the University of California Police Department because the papers were available for free and there were no limits on how many copies each student could take. Likewise, after
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is stolen or destroyed in order to prevent others from reading its content, including those publications that are available for free. It is most commonly undertaken by individuals, organization, or governments and is considered a form of
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In response to high-profile incidents, laws specifically against newspaper theft, including the theft of large numbers of free newspapers, which does not constitute theft under U.S. federal law, have been passed in the states of
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67:(SPLC) has tracked college newspaper thefts since 2000. Total newspaper thefts reported to the SPLC peaked in 2002 with 94,000 copies being stolen in that year in 33 separate instances of theft.
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that public officials who purchase a large portion of the print run of a newspaper with the intention of keeping a story out of the view of the public are acting in violation of the
823:
789:
788:
Ugland, Erik, Lambe, Jennifer (Summer 2010). "Newspaper Theft, Self-Preservation and the Dimensions of Censorship". College of Communication Faculty Research and Publications.
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of information that is viewed as unsavory by the thief. The following are specific examples of instances of censorship through the use newspaper theft by government officials.
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322:, the character Teresa Perrone attempts unsuccessfully to destroy a run of newspapers that has a story exposing her abortion, before she commits suicide. In an episode of
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A related and less common phenomenon is the clandestine purchase of a large portion of the print run of a newspaper. While this does not normally violate any law, the
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that have been reported to the SPLC as of 2010, 31 of them have been reportedly conducted by thieves that were associated with student government organizations.
605:
Clay Calvert, All the News That's Fit to Steal: The First Amendment, a Free Press & a Lagging Legislative Response, 25 Loy. L.A. Ent. L. Rev. 117 (2005).
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sorority due to their house being in poor condition, including having evidence of mold. Later on the day that the paper was distributed, staff members of
824:"Student Press Law Center | BREAKING: Univ. of Wisconsin – Milwaukee newspaper announces lawsuit against former student government officials for theft"
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of the owner and with the intention of depriving the owner of it permanently". The unpaid taking of newspapers which are for sale constitutes a
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https://epublications.marquette.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1007&context=comm_fac
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1062:"Student Press Law Center | Thousands of newspapers stolen at Coastal Carolina University after paper publishes correction about fraternity"
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328:, Hank removes an embarrassing photograph from all his neighbor's local newspapers before they woke up that morning. In an episode of
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Theft is defined in the Encyclopædia Britannica as, "the physical removal of an object that is capable of being stolen without the
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was the Police Chief of San Francisco for 44 days ending on March 15, 1992, a period which overlapped with the verdict in the
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valuable expression of speech that must be protected from censorship which cannon otherwise be prosecuted as a theft.
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763:"CALIFORNIA / Robbing the free news rack is a no-no / Governor signs bill punishing the theft of no-charge papers"
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849:"Student Press Law Center | Investigation into theft of more than 1,200 student newspapers halts at UC Riverside"
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521:"All the News That's Fit to Steal: The First Amendment, a Free Press &(and) a Lagging Legislative Response"
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334:, Chuck McGill stole a newspaper from a neighbors house to see what his brother, Jimmy was hiding from him.
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874:"Student Press Law Center | More than 5,000 copies of N.C. State student newspaper lifted from news bins"
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without hearing. The decision was made on the basis that these officials were is violation of under both
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902:"Student Press Law Center | Newspaper thieves confess to stealing copies of Tulane student newspaper"
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One instance of newspaper theft on a college campus occurred by student government officials at the
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96:, although the right of private individuals or organizations to do so varies by state and local law.
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Colorado Revised Statutes 2017 TITLE 18 CRIMINAL CODE, §18-4-419. Newspaper theft. (Repealed). (PDF)
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1033:"Correction. In The Chanticleer Issue 16, in the article, 'The Race for SGA President'"
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https://leg.colorado.gov/sites/default/files/images/olls/crs2017-title-18.pdf
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279:, ran a story on the University temporarily relocating members of the
806:"Hundreds of Issues of the Post swiped, disposed of by SA president"
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and are liable for civil damages. This decision was later upheld by
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547:"Colorado newspaper theft law should be repealed, commission says"
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involved in newspaper thefts vary; they include political groups,
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761:
Sebastian, Simone; Writer, Chronicle Staff (2006-09-11).
644:"S.F. Police Chief Dismissed for Abuse of His Authority"
493:"Miami Herald Pub. Co. v. Tornillo, 418 U.S. 241 (1974)"
737:"Student Press Law Center | Newspaper theft checklist"
441:"Student Press Law Center | Newspaper theft resources"
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rights which prevent the government from limiting the
677:"Richard Hongisto, Unorthodox Politician, Dies at 67"
620:"Settlement Reached in St. Mary's 'Newspaper Caper'"
369:"Newspaper theft remains popular form of censorship"
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United States Court of Appeals for the Third Circuit
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399:"Berkeley Mayor Tom Bates to Plead Guilty to Theft"
1092:"Newspaper Theft Increases, New Law in the Works"
607:http://digitalcommons.lmu.edu/elr/vol25/iss1/6
528:Loyola of Los Angeles Entertainment Law Review
292:$ 1,200 so that they could reprint the issue.
130:Purchase with the intent to block distribution
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713:Coming Up v. City and County of San Francisco
288:sorority as a whole, but still agreed to pay
182:Coming Up v. City and County of San Francisco
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545:Post, Tim Hoover | The Denver (2012-07-15).
716:, vol. 857, June 21, 1994, p. 711
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1031:The Chanticleer News (24 February 2016).
588:Chief Judge Wilkinson (January 16, 2003).
356:Md. CRIMINAL LAW Code Ann. § 7-106 (2006)
22:is a crime where significant portion of a
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197:Newspaper theft on university campuses
164:Government engaging in newspaper theft
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804:Garrison, Steve (December 12, 2011).
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268:for the copies that they had stolen.
233:University of California at Riverside
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16:Removal or destruction of newspapers
675:The Associated Press (2004-11-06).
429:Where newspaper thefts are reported
113:, and California and the cities of
642:PADDOCK, RICHARD C. (1992-05-16).
158:Md. Code, Criminal Law § 7- 106(b)
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618:Santana, Arthur (April 7, 2005).
231:, a student run newspaper at the
216:University of Wisconsin-Milwaukee
299:, the student run newspaper for
100:Laws relating to free newspapers
71:Laws concerning newspaper theft
1:
1090:Scherr, Judith (2008-05-29).
397:Thornton, Paul (2002-12-12).
367:Hiestand, Mike (2005-03-01).
275:, a student-run paper at the
255:, a student run newspaper at
301:Coastal Carolina University
244:Fraternities and sororities
46:fraternities and sororities
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1123:, Student Press Law Center
1008:"The Chanticleer Issue 16"
1112:Newspaper Theft Checklist
1306:Content-control software
1116:Student Press Law Center
1066:Student Press Law Center
987:Student Press Law Center
959:Student Press Law Center
906:Student Press Law Center
878:Student Press Law Center
853:Student Press Law Center
828:Student Press Law Center
741:Student Press Law Center
445:Student Press Law Center
65:Student Press Law Center
1561:Chinese issues overseas
590:"Rossignol v. Voorhaar"
573:. Retrieved 2018-12-12.
473:Encyclopedia Britannica
373:Trends in College Media
138:ruled in the 2004 case
1535:Suppression of dissent
519:Calvert, Clay (2005).
295:On February 24, 2016,
50:college athletic teams
1301:Conspiracy of silence
1291:Collateral censorship
1228:Speech and expression
1121:Newspaper Theft Forum
1097:Berkeley Daily Planet
404:The Daily Californian
266:The Tulane Hullabaloo
253:The Tulane Hullabaloo
173:Rossignol v. Voorhaar
141:Rossignol v. Voorhaar
94:freedom of expression
1578:Muhammad controversy
1515:Naturalistic fallacy
1423:computer and network
119:Berkeley, California
1573:Internet censorship
624:The Washington Post
1510:Moralistic fallacy
1248:banned video games
681:The New York Times
312:In popular culture
277:Stetson University
271:In October 2006, t
206:Student government
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1568:Freedom of speech
1413:Strategic lawsuit
1363:National intranet
1311:Damnatio memoriae
648:Los Angeles Times
319:Absence of Malice
257:Tulane University
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1525:Propaganda model
1165:Media regulation
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331:Better Call Saul
325:King of the Hill
191:Rodney King case
187:Richard Hongisto
154:42 U.S.C. § 1983
76:Legal definition
58:public officials
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1435:Whitewashing
1418:Surveillance
1398:Sanitization
1373:Pixelization
1367:
1271:Book burning
1189:banned films
1177:books banned
1095:
1070:. Retrieved
1068:. 2016-03-03
1065:
1056:
1046:– via
1041:. Retrieved
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991:. Retrieved
989:. 2006-10-31
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961:. 2006-10-25
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926:Pope, John.
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857:. Retrieved
855:. 2009-06-04
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832:. Retrieved
830:. 2011-12-12
827:
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810:The UWM Post
809:
770:. Retrieved
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743:. 2017-10-11
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447:. 2017-10-11
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1500:LGBT issues
1495:Ideological
1483:Hate speech
1408:Speech code
1393:Revisionism
1358:Memory hole
1328:Expurgation
1321:Minced oath
1281:Censor bars
1243:Video games
273:he Reporter
261:Kappa Sigma
123:misdemeanor
54:politicians
28:publication
1604:Newspapers
1599:Censorship
1593:Categories
1556:Censorship
1549:By country
1505:Media bias
1383:Propaganda
1158:Censorship
1072:2018-12-13
1043:2018-12-13
1017:2018-12-12
993:2018-12-13
965:2018-12-13
937:2018-12-13
912:2018-12-13
884:2018-12-12
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747:2018-12-12
720:2018-12-12
694:2018-12-12
661:2018-12-12
556:2018-12-12
502:2018-12-10
497:Justia Law
478:2018-12-10
451:2018-12-13
415:2010-07-12
383:2010-07-12
338:References
218:after the
33:censorship
1530:Religious
1461:Corporate
1338:Gag order
1316:Euphemism
1296:Concision
689:0362-4331
656:0458-3035
24:newspaper
1520:Politics
1471:Facebook
1456:Criminal
1449:Contexts
1343:Heckling
1266:Bleeping
1196:Internet
932:NOLA.com
220:UWM Post
111:Colorado
107:Maryland
39:Overview
1333:Fogging
1259:Methods
1238:Thought
1048:Twitter
82:consent
1488:Online
1476:Google
1213:Postal
767:SFGate
687:
654:
1609:Theft
1466:Apple
1388:Purge
1223:Radio
1218:Press
1208:Music
1184:Films
1172:Books
1037:Tweet
1012:Issuu
593:(PDF)
524:(PDF)
86:theft
1428:mass
685:ISSN
652:ISSN
156:and
117:and
63:The
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