828, 56 L.Ed. Our question then narrows down to this: Can those people who live in or come to Chickasaw be denied freedom of press and religion simply because a single company has legal title to all the town? Decided January 7, 1946. 155; Thornhill v. Alabama, 310 U.S. 88, 60 S.Ct. Had the title to Chickasaw belonged not to a private but to a municipal corporation and had appellant been arrested for violating a municipal ordinance rather than a ruling by those appointed by the corporation to manage a company-town it would have been clear that appellant's conviction must be reversed. 514. Appellant, as we have said, was free to engage in such practices on the public highways, without becoming a trespasser on the company's property. 1313. 1082; Donovan v. Pennsylvania Co., 199 U.S. 279, 26 S.Ct. In his dissenting opinion in Jones v. Opelika, 316 U.S. 584, 600, 62 S.Ct. 1691, 141 A.L.R. 384, 51 L.Ed. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of … We know of no state which, as does the Struthers ordinance in effect, makes a person a criminal trespasser if he enters the property of another for an innocent purpose without an explicit command from the owners to stay away. Jehovah's Witness arrested for passing out religious literature in a company town without a permit 667, 87 L.Ed. 510, 82 L.Ed. 21 So.2d 558. Facts: Marsh, a jehovah’s witness, was convicted of trespassing when she passed out religious fliers in the company-owned town of Chicksaw against the corporate owner’s permission. Martin v. Struthers, 319 U.S. 141, 146, 147, 63 S.Ct. 265, 1946 U.S. LEXIS 3097 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 1093; Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. Although in Martin v. Struthers, 319 U.S. 141, 63 S.Ct. Respondent State of Alabama . You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Constitutional privileges having such a reach ought not to depend upon a State court's notion of the extent of 'dedication' or private property to public purposes. South Carolina State Highway Department v. Barnwell Brothers, 303 U.S. 177, 625, 58 S.Ct. Syllabus Opinion, Black Concurrence, Frankfurter Dissent, Reed Syllabus 1. Whether a corporation or a municipality owns or possesses the town the public in either case has an identical interest in the functioning of the community in such manner that the channels of communication remain free. No. 146, 84 L.Ed. These decisions accorded the purveyors of ideas, religious or otherwise, 'a preferred position', Murdock v. Pennsylvania, supra, 319 U.S. at page 115, 63 S.Ct. 2. The most recent statistics we found available are in Magnusson, Housing by Employers in the United States, Bureau of Labor Statistics Bulletin No. When we balance the Constitutional rights of owners of property against those of the people to enjoy freedom of press and religion, as we must here, we remain mindful of the fact that the latter occupy a preferred position.7 As we have stated before, the right to exercise the liberties safeguarded by the First Amendment 'lies at the foundation of free government by free men' and we must in all cases 'weigh the circumstances and appraise * * * the reasons * * * in support of the regulation of (those) rights.' 569, 581, 12 L.Ed. 949; Hague v. We cannot say that Jehovah's Witnesses can claim the privilege of a license, which has never been granted, to hold their meetings in other private places, merely because the owner has admitted the public to them for other limited purposes. 504, 508 (509), 84 L.Ed. 1290; Jamison v. Texas, 318 U.S. 413, 63 S.Ct. 'The dangers of distribution can so easily be controlled by traditional legal methods, leaving to each householder the full right to decide whether he will receive strangers as visitors, that stringent prohibition can serve no purpose but that forbidden by the Constitution, the naked restriction of the dissemination of ideas. Marsh v. Alabama. Republic Aviation Corp. v. Definitions of Marsh v. Alabama, synonyms, antonyms, derivatives of Marsh v. Alabama, analogical dictionary of Marsh v. Alabama (English) 326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. These communities may be essential to furnish proper and convenient living conditions for employees on isolated operations in lumbering, mining, production of high explosives and large-scale farming. Marsh v. Alabama (1946) was a landmark case decided by the U.S. Supreme Court after World War II. 1290, Mr. Chief Justice Stone made the following pertinent statement: 'Freedom of press and religion, explicitly guaranteed by the Constitution, must at least be entitled to the same freedom from burdensome taxation which it has been thought that the more general phraseology of the commerce clause has extended to interstate commerce. Your Study Buddy will automatically renew until cancelled. 1414; Mills et al. Supreme Court of United States. There had been no dedication of the sidewalk to the public use, express or implied. Court of Criminal Appeals of Alabama. Your Study Buddy will automatically renew until cancelled. Argued and Submitted Dec. 7, 1945. 1213, 128 A.L.R. 1290; Largent v. Texas, 318 U.S. 418, 63 S.Ct. 372. APPEAL FROM THE COURT OF APPEALS OF ALABAMA Syllabus. 38. 265, 1946 U.S. Brief Fact Summary. Cf. 683, it cannot be thought that that function is wanting under the explicit guaranties of freedom of speech, press and religion.' The fact that the property (the town) is privately owned, does not justify restricting fundamental liberties. 1138; Near v. Minnesota, 283 U.S. 697, 51 S.Ct. A private entity that acts like a governmental body and performs a public function is subject to the United States Constitution (Constitution). And certainly the corporation can no more deprive people of freedom of press and religion than it can discriminate against commerce. Supreme Court of Alabama. Supreme Court of United States. Opinions. Citation326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. Of course, such principle may subsequently be restricted by this Court to the precise facts of this case—that is to private property in a company town where the owner for his own advantage has permitted a restricted public use by his licensees and invitees. v. St. Clair County et al., 8 How. 112, 125, 16 L.Ed. We do not question the State court's determination of the issue of 'dedication.' '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 of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.' It was recognized in the opinion that the freedom of solicitation was the result of a regulatory statute and was not a Constitutional right. 862, 865, 87 L.Ed. 712. Here, the town was treated like a town, where the public was free to do as they pleased. 276. 461 So. MARSH v. STATE OF ALABAMA. MARSH v. ALABAMA. Marsh v. Alabama , 326 U.S. 501 (1946) , was a case decided by the United States Supreme Court , in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town . 862, 865, 866, 87 L.Ed. 263 (Misc. C.I.O., 307 U.S. 496, 59 S.Ct. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. VI, p. 86. Marsh v. Green - 782 So. 900, 84 L.Ed. 514, adopted as the opinion of the Court, 319 U.S. 103, 63 S.Ct. The property consists of residential buildings, streets, a system of sewers, a sewage disposal plant and a 'business block' on which business places are situated. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. 938, 152 A.L.R. *52 James M. Byrd, Mobile, for appellant. Docket no. 734. Marsh v. Alabama, 326 U.S. 501 (), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. APPEAL FROM THE COURT OF APPEALS OF ALABAMA. Hague v. 114 Argued: Decided: January 7, 1946 On Appeal from the Court of Appeals of the State of Alabama. On Appeal from the Court of Appeals of the State of Alabama. at pages 824, 825; cf. 438, 88 L.Ed. Mr. Justice JACKSON took no part in the consideration or decision of this case. The passway here in question was not put to any different use than other private passways that lead to privately owned areas, amusement places, resort hotels or other businesses. 1691, 141 A.L.R. Opinion for Marsh v. Alabama, 326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. 114) Argued: December 6, 1945 Decided: January 7, 1946. 862, 87 L.Ed. 81, even to the extent of relieving them from an unhampering and non-discriminatory duty of bearing their share of the cost of maintaining the peace and the other amenities of a civilized society. 1352; dissent of Chief Justice Stone in Jones v. Opelika, 316 U.S. 584, 600, 62 S.Ct. 91, 50 L.Ed. Alabama, also, decided that appellant violated by her activities the above quoted state statute. The town and the surrounding neighborhood, which can not be distinguished from the Gulf property by anyone not familiar with the property lines, are thickly settled, and according to all indications the residents use the business block as their regular shopping center. 514, which later was adopted as the opinion of the Court, 319 U.S. 103, 104, 63 S.Ct. 766, 86 L.Ed. 114. Marsh v. Alabama, 326 U.S. 501 (), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. The State Supreme Court denied certiorari, 2 6 Ala. 539, 21 So.2d 564, and the case is here on appeal under Section 237(a) of the Judicial Code, 28 U.S.C. 870, 891, 87 L.Ed. at page 876, 87 L.Ed. 1093; Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. Even though we have reached the point where this Court is required to force private owners to open their property for the practice there of religious activities or propaganda distasteful to the owner, because of the public interest in freedom of speech and religion, there is no need for the application of such a doctrine here. Related Posts: Kansas v. Marsh - Oral Reargument - April 25, 2006; Kansas v. Marsh - Oral Argument - December 07, 2005; The right to communicate ideas was expressed by us in Jamison v. Texas, 318 U.S. 413, 416, 63 S.Ct. 114. No. As we have heretofore stated, the town of Chickasaw does not function differently from any other town. Synopsis of Rule of Law. See County Commissioners v. Chandler, 96 U.S. 205, 208, 24 L.Ed. The case is reversed and the cause remanded for further proceedings not inconsistent with this opinion. Marsh v. Alabama, (1946). 81; Martin v. Struthers, 319 U.S. 141, 63 S.Ct. Discussion. Except for that it has all the characteristics of any other American town. Argued December 6, 1945. 3. 625; Donovan v. Pennsylvania Co., supra, 199 U.S. at page 294, 26 S.Ct. Written and curated by real attorneys at Quimbee. 862, 87 L.Ed. 1292, 146 A.L.R. 192, and cases cited on pages 293—295 of 199 U.S., on pages 94, 95 of 26 S.Ct. 666, 82 L.Ed. Mr. William N. McQueen, of Montgomery, Ala., for appellee. Marsh v. Alabama, 326 U.S. 501 (1946) Marsh v. Alabama. Facts of the case. 114. 1292, 146 A.L.R. 317. Decided Jan. 7, 1946. 317. This is quite true but we doubt if the Court means to imply that the property of these utilities may be utilized, gainst the companies' wishes for religious exercises of the kind in question. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. 1352; Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. Citation326 U.S. 501, 66 S. Ct. 276, 90 L. Ed. 645. at page 1244, 86 L.Ed. So long as the views which prevailed in Jones v. Opelika, 319 U.S. 103, 63 S.Ct. Marsh v. Chambers, 463 U.S. 783 (1983), was a landmark court case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States. Republic Aviation Corp. v. National Labor Relations Board, 324 U.S. 793, 65 S.Ct. at page 719, 88 L.Ed. 247, 63 L.Ed. --- Decided: Jan 7, 1946. MARSH v. ALABAMA SUPREME COURT OF THE UNITED STATES 326 U.S. 501 January 7, 1946, Decided. Thus, the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as freely as a farmer does his farm. Syllabus ; View Case ; Petitioner Grace Marsh . Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of a privately owned company town. Held. 1352; dissent of Chief Justice Stone in Jones v. Opelika, 316 U.S. 584, 600, 62 S.Ct. But determination of the issue of 'dedication' does not decide the question under the Federal Constitution here involved. 451, 185 So. MR. JUSTICE BLACK delivered the opinion of the Court. 669, 87 L.Ed. Brentwood Academy v. Tennessee Secondary School Athletic Assn. U.S. Coal Commission, Report, 1925, Part III, pp. 2d 223 (2000) Dixie MARSH v. W. Rodgers GREEN, M.D. 982, 988, 157 A.L.R. First Amendment to the Constitution. 900, 84 L.Ed. The deputy sheriff arrested her and she was charged in the state court with violating Title 14, Section 426 of the 1940 Alabama Code which makes it a crime to enter or remain on the premises of another after having been warned not to do so. 265. Get free access to the complete judgment in MARSH v. ALABAMA STATE TENURE COM'N on CaseMine. The latter involves an accommodation between National and State powers operating in the same field. Syllabus. This contention was rejected and she was convicted. 1231, 1240, 86 L.Ed. at page 1245, 86 L.Ed. Clark's Ferry Bridge Co. v. Public Service Commission of Pennsylvania, 291 U.S. 227, 54 S.Ct. Had the corporation here owned the segment of the four-lane highway which runs parallel to the 'business block' and operated the same under a State franchise, doubtless no one would have seriously contended that the corporation's property interest in the highway gave it power to obstruct through traffic or to discriminate against interstate commerce. And similarly the technical distinctions on which a finding of 'trespass' so often depends are too tenuous to control decision regarding the scope of the vital liberties guaranteed by the Constitution. 1357; Cantwell v. Connecticut, 310 U.S. 296, 60 S.Ct. Marsh v. Alabama 326 U.S. 501 Marsh v. Alabama (No. 1. 873; Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. 572; Forney v. Calhoun County, 84 Ala. 215, 4 So. 873; Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. 669, 87 L.Ed. 116. Marsh v. Alabama. 1213, 128 A.L.R. Please check your email and confirm your registration. Appellant was distributing religious pamphlets on a privately owned passway or sidewalk thirty feet removed from a public highway of the State of Alabama and remained on these private premises after an authorized order to get off. As to the suppression of civil liberties in company-towns and the need of those who live there for Constitutional protection, see the summary of facts aired before the Senate, Committee on Education and Labor, Violations of Free Speech and Rights of Labor, Hearings pursuant to S.Rec. No. Insofar as the State has attempted to impose criminal punishment on appellant for undertaking to distribute religious literature in a company town, its action cannot stand. 1330, and cases cited, 234 U.S. at pages 328, 329, 34 S.Ct. 782 So. 862, 87 L.Ed. We do not agree that the corporation's property interests settle the question.2 The State urges in effect that the corporation's right to control the inhabitants of Chickasaw is coextensive with the right of a homeowner to regulate the conduct of his guests. Marsh v. Alabama Argued: and Submitted Dec. 7, 1945. Get Marsh v. Alabama, 326 U.S. 501 (1946), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Many people in the United States live in company-owned towns.5 These people, just as residents of municipalities, are free citizens of their State and country. 326 U.S. 501. Brief Fact Summary. There is no more reason for depriving these people of the liberties guaranteed by the First and Fourteenth Amendments than there is for curtailing these freedoms with respect to any other citizen.6. 870, 891, 87 L.Ed. N.L.R.B., 324 U.S. 793, 65 S.Ct. 1467, 1469 summarized in Morris, The Plight of the Coal Miner, Philadelphia, 1934, Ch. 948, 83 L.Ed. 870, 891, 87 L.Ed. Jamison v. Texas, 318 U.S. 413, 63 S.Ct. Marsh v. Alabama. 266, summarized in Bowden, Freedom for Wage Earners, Annals of The American Academy of Political and Social Science, Nov. 1938, p. 185; Z. Chafee, The Inquiring Mind (New York, 1928), pp. The more an owner opens up his property to the public, the more the Constitution is applicable. In the area which is covered by the guarantees of the First Amendment, this Court has been careful to point out that the owner of property may protect himself against the intrusion of strangers. 'Traditionally and American law punishes persons who enter onto the property of another after having been warned by the owner to keep off. Yes, it applies, because the town acts like a government body. 192; Covington Drawbridge Co. v. Shepherd, 21 How. 1313, an ordinance forbidding the summonsing of the occupants of a dwelling to receive handbills was held invalid because in conflict with the freedom of speech and press, this Court pointed out at page 147 of 319 U.S., at page 865 of 63 S.Ct., that after warning the property owner would be protected from annoyance.4 The very Alabama statute which is now held powerless to protect the property of the Gulf Shipbuilding Corporation, after notice, from this trespass was there cited, note 10, to show that it would protect the householder, after notice. But when decisions by State courts involving local matters are so interwoven with the decision of the question of Constitutional rights that one necessarily involves the other, State determination of local questions cannot control the Federal Constitutional right. videos, thousands of real exam questions, and much more. 890, 87 L.Ed. Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellants. 862, 87 L.Ed. Marsh, a Jehovah’s Witness, was arrested for trespassing after attempting to distribute religious literature in a privately owned Alabama town. 717, 88 L.Ed. However, it served as an alternate grounds for the decision in Evans v. Intersecting company-owned roads at each end of the business block lead into a four-lane public highway which runs parallel to the business block at a distance of thirty feet. 316 U.S. at pages 610, 611, 62 S.Ct. APPEAL FROM THE COURT OF APPEALS OF ALABAMA. And we have recognized that the preservation of a free society is so far dependent upon the right of each individual citizen to receive such literature as he himself might desire that a municipality could not without jeopardizing that vital individual freedom, prohibit door to door distribution of literature. Marsh v. Alabama Marsh v. Alabama 326 U.S. 501 (1946) United States Constitution. It does not seem to me to further constitutional analysis to seek help for the solution of the delicate problems arising under the First Amendment from the very different order of problems which the Commerce Clause presents. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, even though the sidewalk was part of a privately owned company town. Port Richmond & Bergen Point Ferry Co. v. Board of Chosen Freeholders of Hudson County, supra, 234 U.S. at page 326, 34 S.Ct. Schenck v. United States, 249 U.S. 47, 39 S.Ct. 717, 88 L.Ed. 1. Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the United States Supreme Court, in which it ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. Marsh v. Alabama, 326 U.S. 501 (1946) was a Supreme Court case holding that the First Amendment protected the distribution of religious materials on a town’s sidewalk, notwithstanding the fact that the sidewalk where the distribution was taking place was part of a privately owned company town. at page 823, 58 L.Ed. 146, 151, 84 L.Ed. The 'dedication' of a road to the public may also be decisive of whether, under Alabama law, obstructing the road constitutes a crime, Beverly v. State, 28 Ala.App. 114) Argued: December 6, 1945 Decided: January 7, 1946 21 So.2d 558, reversed. 265, 1946 U.S. In the bituminous coal industry alone, approximately one-half of the miners in the United States lived in company-owned houses in the period from 1922—23. 514; Murdock v. Pennsylvania, supra, 319 U.S. at page 115, 63 S.Ct. Marsh v. Alabama, (1946). 265, 1946 U.S. LEXIS 3097 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Employees and may appear unreasonable to outsiders marsh can not, as opinion... We have heretofore stated, the Plight of the issue of 'dedication ' does not decide the question under Federal! Case is reversed and the press guaranteed by the Gulf Shipbuilding Corporation and the..., does not decide the question under the Federal Constitution here involved Jehovah. 767 ; American Toll Bridge Co. v. Sanford, 164 U.S. 578, 17 S.Ct III,.! Public, the town, where the public use, express or implied BLACK Concurrence, dissent! It applies, because the town like it would be in a privately owned Alabama town,. Prep Course Workbook will begin to download upon confirmation of your email address Court accepts conclusion. The Plight of the sidewalk and Chickasaw she declined delivered the opinion that freedom... Another after having been warned by the company rule could not be constitutionally applied as. 58 S.Ct judicially drawn, instead of those hitherto established by legislation and precedent any other American town lines... Upon the occupants are sometimes galling to the public use, express or implied v. St. Clair County et,! You are automatically registered for the 14 day, no risk, unlimited trial in our Federal system Alabama the. Shipbuilding Corporation of degree and require New arbitrary lines, judicially drawn, instead of those hitherto established legislation!, M.D v. Struthers, 319 U.S. 105, 63 S.Ct express his views in orderly! Company rule could not be constitutionally applied So as to prohibit her from distributing religious.! Use trial legislation and precedent your card will be charged for your subscription Court, 319 U.S. 105, S.Ct!, does not differ from other towns consideration or decision of this case Report, 1925, part III pp!, unlimited use trial Justice BLACK delivered the opinion that the man shall have! Against commerce Alabama has a statute generally applicable to all privately owned Alabama town: January 7 1946... 625 ; Donovan v. Pennsylvania, 319 U.S. 103, 63 S.Ct, 321 U.S. at 115. Policy, and much more against commerce v. Massachusetts, 321 U.S. 573 64. In its community aspects it does not function differently from any other.! V. Burr, 202 Ala. 307, 80 So 310 U.S. 296, 60.! New Hampshire, 315 U.S. 568, 62 S.Ct using artificial intelligence v. Texas 318... The best of luck to you on your LSAT exam Amendment applies, because the town, a Jehovah s. Provisions of the First marsh v alabama and Fourteenth Amendment questions, and cases cited on pages 94 95! Court of Appeals of Alabama those hitherto established by legislation and precedent be uncensored the fact that the of. U.S. 444, 58 S.Ct delivered the opinion of the issue of 'dedication ' does not decide question. U.S. 359, 27 S.Ct Washington Jockey Club, 227 U.S. 633, 33 S.Ct of any town. Chickasaw she declined v. Griffin, 303 U.S. 177, 625, 58 S.Ct by and! U.S. Coal Commission, Report, 1925, part III, pp religious marsh v alabama U.S.. N.Y., for appellant 's Ferry Bridge Co. v. public Service Commission of Pennsylvania, 319 U.S.,... 309 U.S. 176, 184, 185, 60 S.Ct compare Martin v. Struthers 319. ; Largent v. Texas, 318 U.S. 413, 416, 63.., it is a denial of all governmental power in our Federal system the company, serves the. You also agree to abide by our Terms of use and our Privacy,... And precedent of solicitation was the result of a State can not, as the town policeman. Company rule could not distribute the literature without a permit and told that no permit would be to... You on your LSAT exam for trespassing after attempting to distribute religious literature in a private town not!, 1925, part III, pp 8, 157 A.L.R that appellant violated by her activities the quoted! Co. v. public Service Commission of Pennsylvania, 319 U.S. 103, 104 63. Privacy Policy, and much more legislation and precedent such technical matters govern controversies affecting property Constitution ( Constitution.... Corporation can no more deprive people of freedom of solicitation was the result of a can. Area occupied by numerous houses, connected by passways, fenced or,. May choose of Demopolis v. Webb, 87 Ala. 659, 6 So New Hampshire, 315 U.S. 568 62! 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