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Professor Fallon proposes an intricate answer to this question that the majority ignores. A train carrying timber has broken down at a level crossing outside Ballyhaunis and is blocking the crossing at present. [Footnote 62] Congress crafted 203 in response to a problem created by Buckley. The Court rejects this solution in part because the Government merely suggest[s] it and does not say that it agrees with the interpretation. Ante, at 11. The culture of time machoa relentless competition to work harder, stay later, pull more all-nighters, travel around the world and bill the extra hours that the international date line affords youremains astonishingly prevalent among professionals today. Many corporate independent expenditures, it seemed, had become essentially interchangeable with direct contributions in their capacity to generate quid pro quo arrangements. Some of those individuals might feel that they need to spend large sums of money on behalf of a particular candidate to vindicate the intensity of their electoral preferences. 540 U. S., at 211. Our colleagues have arrived at the conclusion that Austin must be overruled and that 203 is facially unconstitutional only after mischaracterizing both the reach and rationale of those authorities, and after bypassing or ignoring rules of judicial restraint used to cabin the Courts lawmaking power. Beyond workability, the relevant factors in deciding whether to adhere to the principle of stare decisis include the antiquity of the precedent, the reliance interests at stake, and of course whether the decision was well reasoned. Montejo v. Louisiana, 556 U. S. ___, ___ (2009) (slip op., at 13) (overruling Michigan v. Jackson, 475 U. S. 625 (1986)). 2 U. S.C. 441b(b)(2). The rest of the foreign-policy world is not much better; Micah Zenko, a fellow at the Council on Foreign Relations, recently surveyed the best data he could find across the government, the military, the academy, and think tanks, and found that women hold fewer than 30 percent of the senior foreign-policy positions in each of these institutions. Austin, 494 U. S., at 678 (Stevens, J., concurring); Citizens Against Rent Control/Coalition for Fair Housing v. Berkeley, 454 U. S. 290, 299 (1981). In 1994, John Ehrlichman, the Watergate co-conspirator, unlocked for me one of the great mysteries of modern American history: How did the United States entangle itself in a policy of drug prohibition that has yielded so much misery and so few good results? The ongoing chill on speech makes it necessary to invoke the earlier precedents that a statute that chills speech can and must be invalidated where its facial invalidity has been demonstrated. Even if it occurs only occasionally, the potential for such undue influence is manifest. Austin abandoned First Amendment principles, furthermore, by relying on language in some of our precedents that traces back to the Automobile Workers Courts flawed historical account of campaign finance laws, see Brief for Campaign Finance Scholars as Amici Curiae; Hayward, 45 Harv. Article. The simple fact that one of our decisions remains controversial is, of course, insufficient to justify overruling it. 25 Fabulous Words to Describe Your Furniture Published May 16, 2017. Top subscription boxes right to your door, 1996-2022, Amazon.com, Inc. or its affiliates, CSB Tony Evans Study Bible, Hardcover, Black Letter, Study Notes and Commentary, Articles, Videos, Charts, Easy-to-Read Bible Serif Type, DiverseBee Laminated Bible Tabs (Large Print, Easy to Read), Personalized Bible Journaling Tabs, 66 Book Tabs and 18 Blank Tabs - Uniform Theme, TruTone, Brown/Cordovan, Portfolio Design, Learn more how customers reviews work on Amazon. 100.29(b)(7)(i)(G), (ii). Poet Christina Rossetti was born in 1830, the youngest child in an extraordinarily gifted family. While in earlier verses death was presented in its more-sentimental aspect, often intruding into the frailty of romantic love, inA Pageant and Other Poemsit is contemplated in a subdued and personal way, as a foreseeable and inevitable event. In the sonnet sequence Later Life: a Double Sonnet of Sonnets Rossetti writes, I have dreamed of Death:what will it be to die / Not in a dream, but in the literal truth / With all Deaths adjuncts ghastly and uncouth. Always doubting her worthiness of salvation, Rossetti imagines her deathbed and acknowledges the possibility that she May miss the goal at last, may miss a crown. In The Thread of Life, a sequence of three sonnets, the speaker contemplates the essential and solitary self, aloof from external objects and bound by inner solitude, and realizes that I am not what I have nor what I do; / But what I was I am, I am even I. This self, her sole possession, she offers to God. For another, the Buckley Court used this line in evaluating the ancillary governmental interest in equalizing the relative ability of individuals and groups to influence the outcome of elections. 424 U. S., at 48. Today, however, women in power can and should change that environment, although change is not easy. , ISBN-13 Gordon Wenham (PhD, University of London) is an adjunct professor at Trinity College, Bristol. Within the realm of [campaign spending] generally, corporate spending is furthest from the core of political expression. Beaumont, 539 U. S., at 161, n.8. Hardcover Illustrated, October 15, 2008, FREE Shipping on orders over $25 shipped by Amazon, was created to help people understand the Bible in a deeper way--to understand the timeless truth of God's Word as a powerful, compelling, life-changing reality. Start for free now! The availability of these resources may make a corporation a formidable political presence, even though the power of the corporation may be no reflection of the power of its ideas. 494 U. S., at 659 (quoting MCFL, 479 U. S., at 258). 65 (Sept. 9, 2009). Unlike natural persons, corporations have limited liability for their owners and managers, perpetual life, separation of ownership and control, and favorable treatment of the accumulation and distribution of assets that enhance their ability to attract capital and to deploy their resources in ways that maximize the return on their shareholders investments. 494 U. S., at 658659. In 2011, a study on flexibility in the workplace by Ellen Galinsky, Kelly Sakai, and Tyler Wigton of the Families and Work Institute showed that increased flexibility correlates positively with job engagement, job satisfaction, employee retention, and employee health. In any event, the text only leads us back to the questions who or what is guaranteed the freedom of speech, and, just as critically, what that freedom consists of and under what circumstances it may be limited. [Footnote 17]. Pp. ), but we made it clear in Austin (as in several cases before and since) that a restriction on the way corporations spend their money is no mere exercise in disfavoring the voice of some elements of our society in preference to others. Differential treatment of media corporations and other corporations cannot be squared with the First Amendment, and there is no support for the view that the Amendments original meaning would permit suppressing media corporations political speech. After Rossettis death, William found in her desk a series of twenty-one highly personal poems written in Italian. The Government does not say that it agrees with the interpretation it wants us to consider. The women in this ballad do not live up to the code of sisterly conduct with which Goblin Market concludes. Arseneau, Antony H. Harrison, and Lorraine Janzen Kooistra, eds., Andrew Belsey and Catherine Belsey, "Christina Rossetti: Sister to the Brotherhood,", Jerome Bump, "Hopkins, Christina Rossetti, and Pre-Raphaelitism,", Kathryn Burlinson, "'All Mouth and Trousers': Christina Rossetti's Grotesque and Abjected Bodies," in, Elizabeth Campbell, "Of Mothers and Merchants: Female Economics in Christina Rossetti's, Mary Wilson Carpenter, "'Eat me, drink me, love me': The Consumable Female Body in Christina Rossetti's, Steven Connor, "'Speaking Likenesses': Language and Repetition in Christina Rossetti's, Stuart Curran, "The Lyric Voice of Christina Rossetti,", D'Amico, "'Equal before God': Christina Rossetti and the Fallen Women of Highgate Penitentiary," in, Theo Dombrowski, "Dualism in the Poetry of Christina Rossetti,", Barbara Fass, "Christina Rossetti and St. Agnes' Eve,", Barbara Garlick, "Christina Rossetti and the Gender Politics of Fantasy," in, Pamela K. Gilbert, "'A Horrid Game': Woman as Social Entity in Christina Rossetti's Prose,", Eric Griffiths, "The Disappointment of Christina G. Rossetti,", Lila Hanft, "The Politics of Maternal Ambivalence in Christina Rossetti's, Antony H. Harrison, "Christina Rossetti and the Romantics: Influence and Ideology," in, Harrison, "Christina Rossetti and the Sage Discourse of Feminist High Anglicanism," in, Harrison, ed., "Centennial of Christina Rossetti: 1830- 1894,", Constance W. Hassett, "Christina Rossetti and the Poetry of Reticence,", Elizabeth K. Helsinger, "Consumer Power and the Utopia of Desire: Christina Rossetti's, Dawn Henwood, "Christian Allegory and Subversive Poetics: Christina Rossetti's, Terrence Holt, "'Men sell not such in any town': Exchange in, Margaret Homans, "Syllables of Velvet: Dickinson, Rossetti, and the Rhetorics of Sexuality,", U. C. Knoepflmacher, "Avenging Alice: Christina Rossetti and Lewis Carroll,", Lorraine Janzen Kooistra, "The Jael Who Led the Hosts to Victory: Christina Rossetti and Pre-Raphaelite Book-Making,", Angela Leighton, "'Because men made the laws': The Fallen Woman and the Woman Poet,", Linda E. Marshall, "Mysteries beyond Angels in Christina Rossetti's 'From House to Home,'" in, Marshall, "'Transfigured to His Likeness': Sensible Transcendentalism in Christina Rossetti's Goblin Market,", Marshall, "What the Dead are Doing Underground: Hades and Heaven in the Writings of Christina Rossetti,", Jerome J. McGann, "Christina Rossetti's Poems: A New Edition and a Revaluation,", McGann, "The Religious Poetry of Christina Rossetti,", Dorothy Mermin, "The Damsel, the Knight, and the Victorian Woman Poet,", Helena Michie, "'There is no friend like a sister': Sisterhood as Sexual Difference,", David F. Morrill, "'Twilight is Not Good for Maidens': Uncle Polidori and the Psychodynamics of Vampirism in, Kathy Alexis Psomiades, "Feminine and Poetic Privacy in Christina Rossetti's 'Autumn' and 'A Royal Princess,'", Psomiades, "Whose Body? Or is it possible that marijuana, once legalized, lost its cachet? Even if marijuana tax revenues which are slated to help public schools arent what wed hoped, our state is making money from something that used to cost it money. [Footnote 2] Our colleagues suggestion that we are asked to reconsider Austin and, in effect, McConnell, ante, at 1, would be more accurate if rephrased to state that we have asked ourselves to reconsider those cases. 11, 558) (CC Va. 1833) (Marshall, C. Buckley, supra, at 64, 66 (internal quotation marks omitted); see McConnell, supra, at 231232. See, e.g., Supp. 3240. She refused the offer, giving Collinsons recent conversion to Roman Catholicism as the reason. Even the notion that business corporations could invoke the First Amendment would probably have been quite a novelty, given that at the time, the legitimacy of every corporate activity was thought to rest entirely in a concession of the sovereign. Shelledy, Autonomy, Debate, and Corporate Speech, 18 Hastings Const. This is a pity, since a government monopoly would be the least expensive and most flexible way to legalize drugs. [Footnote 56]. Last, Citizens United argues that disclosure requirements can chill donations to an organization by exposing donors to retaliation. In 2016 he published a study on Peter (Apostolic Bedrock, U.K., Paternoster Press) which was republished by Wipf & Stock in 2019 (Peter as Apostolic Bedrock: Christology and Discipleship According to His Canonical Testimony). See, e.g., MCFL, 479 U. S., at 262. Men are still socialized to believe that their primary family obligation is to be the breadwinner; women, to believe that their primary family obligation is to be the caregiver. Yet even though Citizens Uniteds briefs never once mention 441bs restriction on express advocacy; even though this restriction does not generate chilling concerns; and even though no one has suggested that Hillary counts as express advocacy; the majority nonetheless reaches out to opine that this statutory provision is invalid as well. Likewise, a conclusion that the Act may be applied to Citizens Unitedbecause it is constitutional to prohibit corporate political speechwould similarly govern future cases. It brought this action in the United States District Court for the District of Columbia. We have no record with which to assess that claim. Justice Breyer has suggested that we strike the balance as follows: We should defer to [the legislatures] political judgment that unlimited spending threatens the integrity of the electoral process. With the advent of the Internet and the decline of print and broadcast media, moreover, the line between the media and others who wish to comment on political and social issues becomes far more blurred. Id., at 121. Many of our precedents can bear multiple readings, and many of our doctrines have some equalizing implications but do not rest on an equalizing theory: for example, our takings jurisprudence and numerous rules of criminal procedure. Political speech is entitled to robust protection under the First Amendment. Take away the ability to use general treasury funds for some of those ads, and no ones autonomy, dignity, or political equality has been impinged upon in the least. 2d, at 188205. Exhibitionist & Voyeur 07/07/17: Britney Ch. To the extent the majority is worried about this issue, it is important to keep in mind that we have no record to show how substantial the burden really is, just the majoritys own unsupported factfinding, see ante, at 2122. Founder and Teacher, desiringGod.org; Chancellor, Bethlehem College & Seminary; author, "The definitive clarity and beauty of the, is extraordinary. Dream-land, At Home, Remember, After Death, An End, Song (Oh roses for the flush of youth), Echo, A Peal of Bells, May, A Pause of Thought, Shut Out, Song (When I am dead, my dearest), Dead Before Death, Bitter for Sweet, and Rest strike the signature Rossetti notes of longing, loss, resignation, and death. 352 U. S., at 591. Yet even in industries that dont explicitly reward sheer quantity of hours spent on the job, the pressure to arrive early, stay late, and be available, always, for in-person meetings at 11 a.m. on Saturdays can be intense. Christinas commemorative poem, Birchington Churchyard, was published inThe Athenaeum(25 April 1882). They are, as grounds to support Austin, literally unprecedented. As the foregoing analysis confirms, the Court cannot resolve this case on a narrower ground without chilling political speech, speech that is central to the meaning and purpose of the First Amendment. Selected passages from two cases, Buckley, 424 U. S. 1, and Bellotti, 435 U. S. 765, do all of the work. (quoting Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U. S. 527, 547 (1995); alteration in original). Our cases have repeatedly pointed out that, [c]ontrary to the [majoritys] critical assumptions, the statutes upheld in Austin and McConnell do not impose an absolute ban on all forms of corporate political spending. Austin, 494 U. S., at 660; see also McConnell, 540 U. S., at 203204; Beaumont, 539 U. S., at 162163. In January 2008, Citizens United released a film entitled Hillary: The Movie. 20071009pac/sumhistory.pdf); IRS, Statistics of Income: 2006, Corporation Income Tax Returns 2 (2009) (hereinafter Statistics of Income) (5.8 million for-profit corporations filed 2006 tax returns). She started out with the same rsum as her husband, but has repeatedly made career decisions designed to let her do work she cared about and also be the kind of parent she wanted to be. Fifteen-year-old Maude Foster is a poet whose broken-hearted verse dwells on themes of suffering, world-weariness, resignation, and religious devotion. See A. Bickel, The Supreme Court and the Idea of Progress 5960 (1978); A. Meiklejohn, Political Freedom: The Constitutional Powers of the People 3940 (1965); Tokaji, First Amendment Equal Protection: On Discretion, Inequality, and Participation, 101 Mich. L. Rev. Even if we thought it proper to apply the dissents approach of excluding from First Amendment coverage what the Founders disliked, and even if we agreed that the Founders disliked founding-era corporations; modern corporations might not qualify for exclusion. After attending lectures onThe Divine Comedyat University College, London, from 1878 to 1880 she wrote a more ambitious article, Dante: The Poet Illustrated out of the Poem (1884). One of the best words to describe a forest at night is dark. And the electorate [has been] deprived of information, knowledge and opinion vital to its function. CIO, 335 U. S., at 144 (Rutledge, J., concurring in result). The censorship we now confront is vast in its reach. McConnell, 540 U. S., at 148. Tr. The Court would not resolve that question for another four years. 021675, p. 21 (Beaumont reaffirmed the Austin rationale for restricting expenditures). - 20,000+ study notes - 80,000+ crossreferences - 200+ charts - 50+ articles - 240 full-color maps and illustrations - Size: 6.5" x 9.25" - 2,752 pages - Single-column Bible text (9-point type); double-column notes (7-point type) - Black letter text - Smyth-sewn binding. Unlike our colleagues, they had little trouble distinguishing corporations from human beings, and when they constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans that they had in mind. You're listening to a sample of the Audible audio edition. Portugal has decriminalized not only marijuana but cocaine and heroin, as well as all other drugs. Today the U.N. confronts a world in which those who have suffered the most have lost faith in the old strong-arm ideology. WRTL, 551 U. S. 449, 470 (2007) (opinion of Roberts, C. Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them. Those choices and assessments, however, are not for the Government to make. The Government urges us in this case to uphold a direct prohibition on political speech. As the Government appears to concede, overruling Austin effectively invalidate[s] not only BCRA Section 203, but also 2 U. S.C. 441bs prohibition on the use of corporate treasury funds for express advocacy. Brief for Appellee 33, n.12. Friedman, History of American Law, at 189. Nothing captures the belief that more time equals more value better than the cult of billable hours afflicting large law firms across the country and providing exactly the wrong incentives for employees who hope to integrate work and family. Perhaps because people choose to have children? ); ante, at 6 (opinion of Scalia, J.). Austin is overruled, and thus provides no basis for allowing the Government to limit corporate independent expenditures. Telecommunications Consortium, Inc. v. FCC, 518 U. S. 727 (1996); Turner, 512 U. S. 622; Simon & Schuster, 502 U. S. 105; Sable Communications of Cal., Inc. v. FCC, 492 U. S. 115 (1989); Florida Star v. B.J.F., 491 U. S. 524 (1989); Philadelphia Newspapers, Inc. v. Hepps, 475 U. S. 767 (1986); Landmark Communications, Inc. v. Virginia, 435 U. S. 829 (1978); Young v. American Mini Theatres, Inc., 427 U. S. 50 (1976); Gertz v. Robert Welch, Inc., 418 U. S. 323 (1974); Greenbelt Cooperative Publishing Assn., Inc. v. Bresler, 398 U. S. 6 (1970). A sharp increase in drug dependence or overdoses that followed the legalization of drugs would be a public-health disaster, and it could very well knock the world back into the same counterproductive prohibitionist mind-set from which we appear finally to be emerging. Celebrating 60 years of artistic excellence, Review our policies before you visit or attend a performance, Discounted experiences for parties of 15+ people, Give a tax-deductible gift to the Guthrie, Engagement programming in the Twin Cities and beyond, Over 60 years of artistic excellence in the Twin Cities, Tuesday Sunday: 18 p.m. (opens at 10 a.m. for matinees). In 1882 she considered undertaking literary biographies of Adelaide Proctor and Elizabeth Barrett Browning; and she took a commission and began to research a life of Ann Radcliffe, but a lack of materials prevented her from completing it. If this does not qualify as reaffirmation of a precedent, then I do not know what would. The First Amendment theory underlying Austins holding is extraordinarily broad. The Court has it exactly backwards. The use of technology in many high-level government jobs, for instance, is complicated by the need to have access to classified information. The Snowe-Jeffords Amendment operates as a backup provision that only takes effect if the Wellstone Amendment is invalidated. The Government, like any party, can make arguments in the alternative; but it ought to say if there is merit to an alternative proposal instead of merely suggesting it. (1)The First Amendment prohibits Congress from fining or jailing citizens, or associations of citizens, for engaging in political speech, but Austins antidistortion rationale would permit the Government to ban political speech because the speaker is an association with a corporate form. If we really valued those choices, we would value the people who make them; if we valued the people who make them, we would do everything possible to hire and retain them; if we did everything possible to allow them to combine work and family equally over time, then the choices would get a lot easier. Scalia, J., filed a concurring opinion, in which Alito, J., joined, and in which Thomas, J., joined in part. He is the author of Jesus Predictions of Vindication and Resurrection: Their Provenance, Meaning and Correlation. The flip side of my realization is captured in Macko and Rubins ruminations on the importance of bringing the different parts of their lives together as 30-year-old women: Women have contributed to the fetish of the one-dimensional life, albeit by necessity. By striking down 203, the Court takes an important first step toward restoring full constitutional protection to speech that is indispensable to the effective and intelligent use of the processes of popular government. McConnell v. Federal Election Commn, 540 U. S. 93, 265 (2003) (Thomas, J., concurring in part, concurring in judgment in part, and dissenting in part) (internal quotation marks omitted). It is gutting campaign finance laws across the country, as the Court does today, that will be destabilizing. I dissented in Burson because the evidence adduced to justify Tennessees law was exceptionally thin, 504 U. S., at 219, and the reason for [the] restriction [had] disappear[ed] over time, id., at 223. The Court has explained that disclosure is a less restrictive alternative to more comprehensive regulations of speech. The Buckley Court found this rationale sufficiently important to allow contribution limits but refused to extend that reasoning to expenditure limits, 424 U.S., at 25, and the Court does not do so here. Pp. J.) bitter bleak grim hard rigid severe sharp strident coarse acrid asperous astringent cacophonous caterwauling clashing cracked craggy croaking disagreeing discordant dissonant disturbing earsplitting flat glaring grating guttural hoarse incompatible jagged jangling jarring noisy not smooth off-key out-of-key out-of-tune rasping raucous rugged rusty 518, 636 (1819) (Marshall, C. It is hard to imagine, however, that we would have the same response if a mother told us she was blocking out mid-Friday afternoon through the end of the day on Saturday, every week, to spend time with her children. The fact that the law currently grants a favored position to media corporations is no reason to overlook the danger inherent in accepting a theory that would allow government restrictions on their political speech. : That is unsurprising, for none exists. I concluded by saying that my time in office had convinced me that further government service would be very unlikely while my sons were still at home. 2d, at 555560, 622625. The First Amendment does not allow that power. It necessarily embraces pamphlets and leaflets. In my judgment, such limitations may be justified to the extent they are tailored to improving the quality of the exposition of ideas that voters receive, ibid., free[ing] candidates and their staffs from the interminable burden of fundraising, ibid. of Oral Arg. Rather, they encompass the myriad ways in which outside parties may induce an officeholder to confer a legislative benefit in direct response to, or anticipation of, some outlay of money the parties have made or will make on behalf of the officeholder. speak. In 1867 she had published the first of two articles on Dante, a commendatory piece written in support of Cayleys terza rima translation ofThe Divine Comedy(1851-1855). Kara Owen, the British foreign-service officer who worked a London job from Dublin, wrote me in an e-mail: Men have, of course, become much more involved parents over the past couple of decades, and that, too, suggests broad support for big changes in the way we balance work and family. The children received their earliest education, and Maria and Christina all of theirs, from their mother, who had been trained as a governess and was committed to cultivating intellectual excellence in her family. 'All Intensive Purposes' or 'All Intents and Purposes'? See Buckley, supra, at 27, and n. 28 (citing Buckley v. Valeo, 519 F.2d 821, 839840, and nn. At the core of all this is self-interest. In 1861 she submitted poems toMacmillans Magazine, and Dante Gabriel sent Goblin Market to the art critic John Ruskin in the hope that he would recommend it toWilliam Makepeace Thackeray, editor ofThe Cornhill. The Government may not render a ban on political speech constitutional by carving out a limited exemption through an amorphous regulatory interpretation. 1265, an independent expenditure ban separate from 610 that applied to individuals as well as corporations and labor unions, Buckley, 424 U. S., at 23, 39, and n. 45. Anticipating the final farewell to youth, beauty, and song in Monna Innominata, in The Key-note Rossetti laments the Winter of my year and the silencing of the songs I used to know. Similarly, desire is relinquished in Till Tomorrow: Long have I longed, till I am tired 3, which retained the restriction on using general treasury funds for contributions and expenditures, 2 U. S.C. 441b(a). ", President and Centennial Professor of Christian Theology, The Southern Baptist Theological Seminary, is an invaluable and inexhaustible resourcefor those who already know and treasure Gods Word, as well as for the new generation of Bible students who have yet to discover the wonder and wealth of Scripture. Brief for Chamber of Commerce of the United States of America as Amicus Curiae. Corporate executives and employees counsel Members of Congress and Presidential administrations on many issues, as a matter of routine and often in private. And selling access is not qualitatively different from giving special preference to those who spent money on ones behalf. Not only the as-applied/facial distinction, but the basic relationship between litigants and courts, would be upended if the latter had free rein to construe the formers claims at such high levels of generality. Bribery may be the paradigm case. Lets start with a question that is too seldom asked: What exactly is our drug problem? press2008/20080812paccount.shtml. The unparalleled resources, professional lobbyists, and single-minded focus they bring to this effort, I believed, make quid pro quo corruption and its appearance inherently more likely when they (or their conduits or trade groups) spend unrestricted sums on elections. E.g. Stevens conceded that they might be invalid on a case-by-case basis, following further factual investigation. Now more than ever, 201 and 311 will chill protected speech becauseas California voters can attestthe advent of the Internet enables prompt disclosure of expenditures, which provide[s] political opponents with the information needed to intimidate and retaliate against their foes.

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