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" "When I worked as a journalist in the 1980s, I was constantly reminded by sources of the common asumption that a newspaper or magazine article wouldn't get things right or would distort the facts to reflect a particular bias. [...] The major newspapers, magazines, and television networks, which are typically, if not always, components of larger corporate organizations, are increasingly regarded by Americans as just another special interest.
Michael Wayne Godwin (born October 26, 1956) is an American attorney and author. He was the first staff counsel of the Electronic Frontier Foundation, and was general counsel for the Wikimedia Foundation between July 2007 and October 2010.
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Leaving aside the issue of whether the comments about Arata and Branham were grounded in hostility toward their gender (rather than hostility toward them as individuals), it seemed clear that what the OCR wants to ban here is not "written conduct" but speech. By classifying it as "conduct," the OCR hoped to bypass the First Amendment's protections.
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