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Many forms of Occupy protests subjected to new bill making protests illegal

A bill passed last week in the US House of Representatives and the Senate would make it a felony to participate in many forms of protest associated with the Occupy Wall Street protests of last year. Several commentators have dubbed it the “anti-Occupy” law, but its implications are far broader.

The bill — H.R. 347, or the “Federal  Restricted Buildings and Grounds Improvement Act of 2011”—was passed by unanimous consent in the Senate. Only Ron Paul and two other Republicans voted against the bill in the House of Representatives (the bill passed 388-3). Not a single Democratic politician voted against the bill.

The virtually unanimous passage of H.R. 347 exposes the fact that, despite all their posturing, the Democrats and the Republicans stand shoulder to shoulder with the corporate and financial oligarchy that they work for.

One central provision of H.R. 347 would make it a criminal offense to “enter or remain in” an area designated as “restricted.”

The bill defines the areas that qualify as “restricted”, purposely in extremely vague, ambiguous and broad terms.  For one thing, it replaces language prohibiting “willfully and knowingly” entering a “restricted area” with language prohibiting merely “willfully” entering a “restricted area.” This seemingly minor change dramatically increases the reach of the law.  Another example, restricted areas can include “a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting” and “a building or grounds so restricted in conjunction with an event designated as a special event of national significance.”

Even more onerous is the provision regarding events of “national significance.” What circumstances constitute events of “national significance” is left to the arbitrary and capricious discretion of the Department of Homeland Security.  The occasion for virtually any large protest could be designated by the Department of Homeland Security as an event of “national significance”.

Looking forward one can see why the bill is being bandied about at this political juncture: included among such events would be the Democratic and Republican National Conventions, which have been classified as National Special Security Events (NSSE), thanks to a category created under theClintonadministration. These conventions have been the occasion for protests that have been subjected to ever increasing militarization and police repression. Under H.R. 347, future protests at such events could now be criminalized.

The standard punishment under the new law is a fine and up to one year in prison. If a weapon or serious physical injury (weapon is not defined) is involved, the penalty may be increased to up to ten years.

Also criminalized by the bill is conduct “that impedes or disrupts the orderly conduct of Government business or official functions” and “obstructs or impedes ingress or egress to or from any restricted building or grounds.” These provisions threaten to criminalize a broad range of protest activities that were previously perfectly legal.

There is historical precedence for such measures.  Under the ancien regime inFrance, steps were taken to ensure that the “unwashed masses” were kept out of sight whenever a carriage containing an important aristocrat or church official was passing through.  Similarly, H.R. 347 creates for the US president and other top officials a protest-free bubble or “no-free-speech zone” that follows them wherever they go, making sure the discontented hoi poloi is contained and out of sight.

TheFederalRestrictedBuildingsand Grounds Improvement Act is plainly in violation of the First Amendment to the US Constitution, but don’t tell that to the current corporatists on the Supreme Court. 

H.R. 347 comes directly on the heels of the 2012 National Defense Authorization Act (NDAA), which was signed by President Obama into law on December 31, 2011. The NDAA gives the president the power to order the incarceration of any person—including aUScitizen—anywhere in the world without charge or trial.

An earlier version of the bill would have made it a felony just to “conspire” to engage in any of the conduct described above. The bill now awaits President Obama’s signature before it becomes the law of the land.

 

What lies behind the unprecedented attack on the US Constitution and Bill of Rights is a growing and unsettling awareness on behalf of the ruling class in this country that the protests that took place around the world against social inequality in 2011 will be back and in more powerful forms, especially as ‘austerity measures’ make the objective and subjective conditions of life more and more miserable for working people.

 


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About The Author

Dr. Danny Weil is a public interest attorney who has practiced for more than twenty years and has been published in a case of first impression in California. He is no longer active as a lawyer but has written seven books on education, has taught second grade in South Central LA, PS 122, taught K-1 migrant children in Santa Maria, California and Guadalupe, California, taught in the California Youth Authority to first and second degree murderers and taught for seventeen years at Allan Hancock Junior College in Santa Maria, CA. in the philosophy department. Dr. Weil holds a BA in Political Economics and Philosophy, a multi-subject bilingual credential in education (he is fluent in Spanish) and has a PhD in Critical Thinking. He is a writer for the Truthout Intellectual Project.

Number of Entries : 534
  • http://twitter.com/dissidentX dissidentX

    yet most of occupy will probably vote for Obama. Their protests for the most part is too beg for a larger government and more domestic slavery.

    • Anonymous

      Who else should we vote for… Romney?  This country is screwed.

      • http://www.facebook.com/Techniod Douglas Everett

        Obama is the last person I would have voted for in 2008, but I didn’t want to vote for McCain either. At least this time we have experience with Obama and know for sure he is bad news. A good alternative would be nice, cause it is our only choice.

        • Tylor Reinhardt

          Actually, there are other choices.  And it doesn’t matter what you believe, or what ideology or lack of ideology you have. Vote for a third party or independent.  If not for President of the U.S.A., for positions further down the ticket, like city council, or congressmen, senator, ect.  If you don’t want to risk voting for a third party or independent for president at least vote that way for the rest of the ballot.

          • Anonymous

            I’ve done what you said.  I voted for Perot (twice) and happily voted for Nader in 2000.  But that’s like pissing in the wind.

          • Anonymous

            I’ve done what you said.  I voted for Perot (twice) and happily voted for Nader in 2000.  But that’s like pissing in the wind.

          • Mojobojo

             if enough people would write in NONE OF THE ABOVE, this would help discredit the current system - which has ben pointed here to be unconstitutional and undemocratic

        • http://pulse.yahoo.com/_S5A53ICDVGIAZBYX3ZOPHVZX4Y Patrick

          “Obama and know for sure he is bad news”
          He’s better news than Santorum, Romney, Gingrich, Palin, Bachmann, Paul… or any of the other laughable comics that are the republican party.

          • http://www.facebook.com/ThroatWobbblerMangrove Taoist InTraining

            I beg to differ, seems like callusion al over the board-he’s signed our freedom to protest away, dont you get it?

          • Pfears1

            You suck

          • http://twitter.com/The_Dutch Kelly Dutcher

            Amen! Gotta love those Reps. They make it so easy! Thank God!

          • http://twitter.com/AntonioBuehler Antonio Buehler

            Kelly, do you know who the three who voted against this bill were?

          • http://twitter.com/AntonioBuehler Antonio Buehler

            IN case you missed it: ”
            Only Ron Paul and two other Republicans voted against the bill in the House of Representatives (the bill passed 388-3). Not a single Democratic politician voted against the bill.”

          • http://twitter.com/dissidentX dissidentX

             I don’t think he’s better at all. He’s just like them. Stop allowing yourself to be fooled by partisan politics. Obama hasn’t done anything different than Bush.

          • http://twitter.com/AntonioBuehler Antonio Buehler

            Obama sure as hell isn’t better than Ron Paul when it comes to civil liberties. Get out of your stupor.

          • http://www.facebook.com/mcpuffin Iordan Nikolov

            ron paul 2012 for life! its funny cause no matter who you voting for the company’s that make the voting utilities are rigged and bought ought, just like bush did. so every vote is a fake scam you just dont realize

          • http://twitter.com/AntonioBuehler Antonio Buehler

            In case you missed it: ”
            Only Ron Paul and two other Republicans voted against the bill in the House of Representatives (the bill passed 388-3). Not a single Democratic politician voted against the bill.”

        • Violethorswoman

           I have been wishing that we could write in “No Confidence” like some countries can do…Maybe we can agree to write in someone else! ….but who would that be? RP doesn’t believe gov’t should even provide safety nets for the citizens of this country. He apparently never heard of caring for one another. Glad our ancestors weren’t like that. None of us would be here if they were.

      • Smyles

        How about the guy who voted against the Bill Ron Paul!

    • http://www.facebook.com/ThroatWobbblerMangrove Taoist InTraining

      i want whatever you’re smoking…… also, so voting republican is the solution maybe?

    • Anonymous

      I know it is hard to imagine, but there are independent candidates in the US. If we all voted for them, because they actually support our interests, perhaps they would win for once.

  • http://www.facebook.com/profile.php?id=100000528086777 Heather Long

    guess this means that all the kidos that work hard for that school trip to the white house or even the government house will be sorely disappointd. considering that is in the presence of a government offical protected by the secret agents and they will get arrested if they speak out in a way that may offend the delicate minds and feels of those agencies.

  • http://www.facebook.com/profile.php?id=1085440555 Docile Jim Brady

    Q. If Elwood Suggins & Maude Frickett (E&M*) conspire on 14 March to imagine the death of the King at 15:03 on 15/02/2012, then would they be violating the law were it in effect on 14 March ?  

    *E&M brazenly stolen from THE comedian, Jonathan Winters.
    Too bad he’s not British or we could call him Sir Jonathan Winters.

  • http://www.facebook.com/profile.php?id=1085440555 Docile Jim Brady

    OOPS ‼ ERRATA, Should be 15/03/2012

  • http://www.facebook.com/mcpuffin Iordan Nikolov

    This is called tyranny, because patriotism is fucking dead in the government

    • Anonymous

      It’s dead in the government, never existed in corporations, and is being misrepresented to the people in order to control them.

  • Mojobojo

     excellent article. is Obama  really just  Putin in drag????

    • http://pulse.yahoo.com/_S5A53ICDVGIAZBYX3ZOPHVZX4Y Patrick

      No but republicans would like to portray him as such.

      • Anonymous

        But Obama is a Republican.

    • lapina

      You do know the difference between congress and the president, right?

  • http://www.facebook.com/Techniod Douglas Everett

    I think Alex Jones and his ilk are some of the craziest loons I have ever known of, but this is exactly the type of thing they warn about.

    • Vinnlandia

       I guess he’s not so loony after all…

    • Kitchen Man

      this is coming from an expert on loons i take it

      • http://www.facebook.com/mcpuffin Iordan Nikolov

        your an expert on sheep i take it.

    • http://www.facebook.com/mcpuffin Iordan Nikolov

      I think they’re not loons for realizing that rich people who control all shit in the world wont give up some wealth to help ease overpopulation because their stingy. its called the bankers are the evil satan worshipper overlords, that own the wealth of the world

    • http://www.facebook.com/mmakofsky Matt Makofsky

      YOU yourself could have PREDICTED this easily if you had been paying attention just a few years ago, or at least paying attention to someone who was paying attention (Zinn, Chomsky (though Noam IS wrong on 9-11) Jones, etc).  Welcome to the party! Now what are WE going to do about it?

  • Yrkesmaklarna

    Its do not matter what political party is in power…. Democracy is just history to day… and its not only so in the USA… also in Europe the movement is growing strong to have total control over the people!

    • http://www.facebook.com/people/Sophia-Keenesburg/100002121002273 Sophia Keenesburg

      Yes, same happening over here … one could say we (EU) are following the USA  … with a gap of well about 5 to 10 years.
      The USA says JUMP EUROPE … and we ask How High should we jump  )-

  • Classictoyspaper

    Our fucking government is taking over people! Are we all going to just sit back and let them do it? They are destroying the constitution in the name of protecting us from terrorists that DON’T exist!

    • http://pulse.yahoo.com/_S5A53ICDVGIAZBYX3ZOPHVZX4Y Patrick

      Do not panic… as they say in sports…it ain’t over till its over.

      • Anonymous

        It’s over because the moment anyone tries to do anything about it they’ll be put in jail or murdered (NDAA).

    • Anonymous

      Almost. It is in fact the wealthy elite, using their corporate influence to use the US government to create laws that enable them to acquire greater wealth and control.

    • Anonymous

      Almost. It is in fact the wealthy elite, using their corporate influence to use the US government to create laws that enable them to acquire greater wealth and control.

    • http://www.spaceeagleproductions.org SpaceEagle

      Terrorists do exist… but they’re running our government.

    • C Crane

      Terrorists DO exist. It’s called government.

  • Jackiemoto

    To my USA friends you need to fight this BILL, our Prime Minister in Oz is now trying to push this through our parliment if things pass in America the sheep of politics tend to follow, be more active in your fight so we all have peace, it is the domino effect.  Stay Strong.
     

    • http://www.facebook.com/ThroatWobbblerMangrove Taoist InTraining

      OZ?

      • http://twitter.com/The_Dutch Kelly Dutcher

        Australia

      • http://twitter.com/The_Dutch Kelly Dutcher

        Australia

  • Jtkirk

    Hey! Free speech is only allowed in Free Speech Zones. It’s not allowed anywhere else! 

    • http://www.facebook.com/people/Sophia-Keenesburg/100002121002273 Sophia Keenesburg

      And that is NOT “FREE SPEECH”

      Why are the people of the USA not angry???
      Are they all asleep?

      • Houstonsleepingbeauty

        People here don’t give a damn until they lose their jobs, their homes, etc.  If it happens to the next guy, who cares?  The loss of human and civil rights, who cares?  The working masses just go on like nothing is happening.  They aren’t asleep, they are comatose.  Nothing will ever wake them.  They are completely brainwashed. 

        • http://www.facebook.com/mcpuffin Iordan Nikolov

          Theres is a great Depeche Mode song called “comatose”

        • Violethorsewoman

           Really the majority of people have no idea about this!!!

      • Violethorsewoman

         Really…did you read about this in your local, city or national newspaper? Did you hear about it on main stream TV?  Get your news from “Democracy Now”! At least you will know about some of these behind the scenes illegal, unconstitutional bills that are being made into law in our country and the world.

  • Shebahaven

    IS THERE A PETITION TO PRESENT TO SENATE?????

    • Plochner

      are y ou sure you can dare to sign it now?

    • Violethorsewoman

       If I’m understanding the article it seems its been passed!
      Now I guess it will need to be tested in the courts!

  • Land Owner

    Who determines the “restriction?” Land owners?? YEE-HAW!  Now we can tell the police that it is a felony to trespass on our lands!

  • http://www.facebook.com/people/Sophia-Keenesburg/100002121002273 Sophia Keenesburg

    Yes, the USA is going back into the Middle Ages … for working and poor(people without a job) that is … the 1% will have all the benefits from it and live in luxery.  )-

    And now they making sure nobody can shout this outloud ….. Occupy somewhere … it would be a ‘restricted area in seconds’ )-

  • outofthebox

    3rd Party motherfuckers!

  • Houstonsleepingbeauty

    If we don’t stand up now, freedom will die forever. 

  • Anonymous

    We should go to the White House and PROTEST!

  • Tok0750

    Don’t lose hope, there is still the Judiciary branch which can potentially push back these senseless actions.  Lets sue.

    • RiveGauche115

       THIS judiciary?  You mean the conservative majority “supreme” court?  THEM?

  • Knucklebuster73

    I’m speechless, things are getting pretty fucked up all over the world.

  • Pingback: Political Corruption in America « Foreclosure Defense & Strategic Default

  • Brandyerickson

    So sick of the dens and their bullshizah!!!

  • http://profile.yahoo.com/MVCSHP6CE72NRS3VQLGNZXGAX4 Andrea S

    Never heard of Alex Jones, but just Googled him…doesn’t look so looney to me…he’s damn right on many issues…

  • http://profile.yahoo.com/MVCSHP6CE72NRS3VQLGNZXGAX4 Andrea S

    LMAO…I had a response with the word “revolution” and I think the webmaster here banned it from being posted…so much for free speech
    on the net

  • http://twitter.com/ctdeihl Charles Deihl

    And We thought Slavery was over.Speak up or out they will throw you in Jail & put Fines against you.Abuse of Power in Office is gonna Destroy a Country on which was built by Speaking up about concerns & showing it’s out come.It’s not the End of the World that is coming about,it’s a end to a Erra of which PEOPLE the Citizens have no rights anymore under the Corrupt ones taking Power over the People.

    • Amesssusa

       It can’t happen Here-Sinclair Lewis  A novel from the thirties- . Prophetic, so sad for my country.

  • L Rutan

    I am appalled!!! What is wrong with these people, have they not read the Constitution?

  • xians421

    This will be soon tested in a court near you.

  • XtineK

    I won’t completely panic until I hear from Senator Bernie Sanders

  • anonymous

    Non-violent civil disobedience will show who the real terrorists are: the state.

  • Ann

    This is scary!!!

  • Liz10

    It’s obvious that we must now mobilize and throw the corporate thugs and the wealthy thugs out of our government.

  • Liz10

    It’s obvious that we must now mobilize and throw the corporate thugs and the wealthy thugs out of our government.

  • http://www.facebook.com/profile.php?id=100003120306042 Ben Kolarik

    This is not anti-Occupy.  If you had read the bill(its two pages) the only odd part is “national significance” and they will be torn apart if they do that jerk move.  Also, Ron Paul abstained.

  • Pingback: H.R. 347 Would Make Many Forms of Nonviolent Protest Illegal | The Media Freedom Foundation

  • Matthew golden

    ron paul voted NO.

  • http://www.facebook.com/people/Jacob-Exploder-Weingast/100000952075804 Jacob Exploder Weingast

    what happened to by the people for the people?

  • Timothy Chiacchira

    Bring back the tar and feathers.. make it hot. 

  • http://profile.yahoo.com/SDIOJMO7UL5K36JEMMGELE4VKY what

    buy guns!!!!!!!!!

  • Ridewarrior

    Immediately you need to call your representative and your two Senators and ask them why they voted for it.  Google United States Government, go to the pages giving the phone numbers, and call them.Yes YOU!  NOW!!!

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  • Mjjoan 123

    our 1st amendment rights are going out the window folks ,, ya better sit up and take notice!! this is only the beginning of a police state.

  • Karen Morris42

    OMFUCKING .. I am almost speachless but NOT QUITE>> Sure let them Pull this shit.. IT UNCONSTITUTIONAL because those in power SO LOVE THAT Constitution Right?? 

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  • Bigc874_1999

    Dont put youre money in the banks and they will collapse. Save youre money in youre homes.Then power to the people will be restored.

  • Ford

    Rather than violence and protest, in a democracy we can also go through the political system. Go into politics or support someone who you like and trust who is good at it. Dont fall prey to the crap corps are saying and spread the word through your various networks. Violence has never been the answer. Vote. Teach. Learn.

  • http://twitter.com/Tyger_Bryte Tyger Bryte

    Um, Occupy already breaks laws when they protest in almost every situation.  What’s one more?  

  • AnasLvX3

    Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

  • http://www.facebook.com/profile.php?id=100000418580709 Morgan Sheridan

    How do they expect us to bring forth our grievances then?  Adios Constitution.

  • Jasonrosenquist

    I am so proud that we live in a country where dead crackheads and birth controll get more press than our first amendment rights being taken away! Yay America!

    • http://www.facebook.com/profile.php?id=1212481069 Benjamin Alves

       OMG I so freakin agree with you on that.  I think its a method of control over us.  Main stream media is a tool to control us by telling us what we want to hear.  So no I can’t protest cuz I’ll miss the next episode of Jersey Shore.  This is basically the mindset of the sheep in this country. People will let this happen cuz they think it wont affect them. But as soon as it does and they’ll be crying for their rights, they wont have any. I think the south has the right idea.  Start arming yourself and get into a militia.  This is becoming a reality

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  • Steffy38dd

    Amendment I
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    • RiveGauche115

       That was when there were sentient beings in “congress”…for the Constitutional Convention…200+ years ago.  The sick bastards sitting in the capitol building all deserve to be gassed, one at a time…

  • Marcus

    Even if Obama signs this, that isn’t the end of the story. The first time someone is arrested under such a law, it would be appealed to the supreme court. Only if the court found it to be constitutional would we have a total governmental failure here.

    • Flight1

       The Judiciary has become stooges of Washington and will be no help.

  • cab

    news flash people its democracy it has never lasted and never will. why do people think this time will be different because its modern and its us that are apart of this democracy get a clue. democracy corrupts itself because who runs it “human beings” and we are greedy beings that much has always been known my advice adapt or die.

    • Violethorsewoman

      What doesn’t last is every single society in which a few at the top hoard the vast majority of the resources to the detriment of the whole!

  • tofuanyone?

    Leaders are afraid of change. They have forgotten how women got the right to vote. Etcetera!

  • Ddelbuono57

    Ok- so what can we do to stop this? Where is the petition? When is the protest? We have to move fast before we are limited from even speaking out against our government anymore.

  • Uncensored

    wait… so these people trying to get free money from the people who earned it (themselves or they ancestors), and the same people that are costing their local governments millions of dollars to clean up after them and prevent riots, are now going to be held liable for the problems that they cause? I understand standing up for your cause, but having rights doesn’t mean that you get to do whatever you like, no matter who it affects. I can’t take my kids to some parks because of these idiots, they’re walking into small local businesses and scaring away customers, they’re throwing rocks and garbage at police officers and making some parts of our city impossible to drive, let alone walk through, and they’re the ones being wronged? 

    I’m technically part of the 99%, but I’m working my way through school so I don’t have to sit in a park for months protesting something that I have no control of. You need a handout? Great, go to your state agencies, just remember when you cost your community over $1 MILLION dollars to clean up after you, the money has to come from somewhere. Or, I don’t know, spend the same amount of effort you’re putting into this into getting a job. It’s all about choices.

  • Uncensored

    wait… so these people trying to get free money from the people who earned it (themselves or they ancestors), and the same people that are costing their local governments millions of dollars to clean up after them and prevent riots, are now going to be held liable for the problems that they cause? I understand standing up for your cause, but having rights doesn’t mean that you get to do whatever you like, no matter who it affects. I can’t take my kids to some parks because of these idiots, they’re walking into small local businesses and scaring away customers, they’re throwing rocks and garbage at police officers and making some parts of our city impossible to drive, let alone walk through, and they’re the ones being wronged? 

    I’m technically part of the 99%, but I’m working my way through school so I don’t have to sit in a park for months protesting something that I have no control of. You need a handout? Great, go to your state agencies, just remember when you cost your community over $1 MILLION dollars to clean up after you, the money has to come from somewhere. Or, I don’t know, spend the same amount of effort you’re putting into this into getting a job. It’s all about choices.

  • Dirtbikecrash1

    The best part is that these are the people that the American people have put into power. through lack of voting, education, and research, we have handed our country over to Thieves. Thieves who not only want money but want power too. They now have enough of both where they can continue to take more, and dont have to worry about anyone stopping them.

    • Flight1

      Clinton moved the Democrats to the corporate side, the rest is history. In most cases there is no good choice in elections, and when there is the candidate is demonized by the elites and stupid American voters fall for it hook, line, and sinker.

  • Jaidblu

    For those looking for an alternative to Obama. Check out R.J. Harris.

  • Starlite

    It has to get worse for people to endup where this facist state will eventually lead…  Ther’s not enough pain yet…  REVOLUTION!

  • Anonymous

    just like the early conservatives like President John Adams…locking editors up for speaking out against him and other dissenters, one eve died in jail waiting for a trials. ive been telling folks conservative ideology has never helped anyone but those in charge and when mixed with religion, u get Hitler and the current Republican party.

  • Gilday54

    people have tv shows to watch and video games to play.all is well…

  • http://www.facebook.com/people/Chris-Shupe/18003567 Chris Shupe

    I voted for Ron Paul

  • prussogirl

    As soon as someone gets arrested and goes to trial it will be thrown out this is against our first amendment rights. That trumps this ridiculous bill.

  • Klslrtg

    ..more rope to hang themselves with, they must be in a hurry ;D
    This will be a time of great tests of faith, we must be open to drink the good water of our FATHER’s WORD. For it is written, “And he shall judge among the nations, and shall rebuke many people: and
    they shall beat their swords into plowshares, and their spears into
    pruninghooks: nation shall not lift up sword against nation, neither
    shall they learn war any more.” - (Isaiah 2:4)

  • Kurtguertin1

    I HOPE THE GOVERMANT WAKES UP SOON >JUST LOOK OUT YOUR DOORS >MUST REALY SUCK TO BE A PRISONER IN THE CAPITIAL >JUST LOOK AT THE BIG PICTURE $#) MILLION PEOPLE MAD AT THEM AND THE HAVE POLICE WATCHING THEM EVERY WHERE THEY GO > HAHAHA WHO IS THE ONE THAT ARE FREE THEY ARE THE TRAPPED ONES THERE OWN DOING>

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