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PBS Telling Teachers to Violate First Amendment, Group Says
CNSN News ^ | November 13, 2007 | Randy Hall

Posted on 11/13/2007 1:40:53 PM PST by yoe

A packet for educators issued by the Public Broadcasting System (PBS) in conjunction with the NOVA program "Judgment Day: Intelligent Design on Trial" encourages teaching practices that are probably unconstitutional, a conservative organization stated on Tuesday.

"The NOVA/PBS teaching guide encourages the injection of religion into classroom teaching about evolution in a way that likely would violate current Supreme Court precedents about the First Amendment's Establishment Clause," said John West, vice president for public policy and legal affairs at the Discovery Institute, in a news release.

The 22-page document is a companion piece to the two-hour NOVA docudrama, "Judgment Day," airing on most network affiliates Tuesday night. The film is about a trial concerning intelligent design that took place in Dover, Pa., in 2005.

The guide claims to provide teachers with "easily digestible information to guide and support you in facing challenges to evolution."

In the booklet, teachers are instructed to use such discussion questions as: "Can you accept evolution and still believe in religion?" The answer to that query is provided as: "Yes. The common view that evolution is inherently antireligious is simply false."

"This statement is simplistic and not neutral among different religions, and in that sense arguably inconsistent with Supreme Court teachings concerning neutrality," said attorney Casey Luskin, program officer for public policy and legal affairs at the institute.

"The Supreme Court ruled in Epperson v. Arkansas that the government must maintain 'neutrality between religion and religion,'" said Randal Wenger, a Pennsylvania attorney who filed amicus briefs in the Kitzmiller v. Dover School District case.

"Because the briefing packet only promotes religious viewpoints that are friendly towards evolution, this is not neutral, and PBS is encouraging teachers to violate the First Amendment's Establishment Clause," Wenger added.

In its news release, the Discovery Institute indicates that it has enlisted more than a dozen attorneys and legal scholars, including Wenger, to review the PBS teaching guide with an eye to its constitutionality.

"The PBS materials, in suggesting that students need not be concerned that evolution violates their religion, ironically equip public school teachers to violate our current conception of the First Amendment by explicitly teaching students concerning matters of religious belief," Wenger said.

"The irony is that discussing intelligent design would not teach any student about any religious belief - the PBS materials, on the other hand, will," he said.

Luskin noted that the teaching guide also presents false information about the theory of intelligent design.

"The teaching guide is also riddled with factual errors that misrepresent both the standard definition of intelligent design and the beliefs of those scientists and scholars who support the theory," the attorney added.

As a result, the institute is providing its own guide for educators, "The Theory of Intelligent Design," which will help teachers better understand the debate between Darwinian evolution and intelligent design.

Cybercast News Service previously reported that in December 2004, parents in Dover filed the first-ever challenge to intelligent design being taught in public schools, claiming it violated their religious liberty by promoting particular religious beliefs to their children under the guise of science education.

Just over a year later, U.S. District Judge John Jones III ruled that the school system may not include intelligent design in its science curriculum because intelligent design is not a scientific concept.

Telephone calls and e-mails seeking a response from the Public Broadcasting System were not returned by press time. However, on the PBS Web site, the program is described as capturing "the turmoil that tore apart the community of Dover, Pa., in one of the latest battles over teaching evolution in public schools."

"Featuring trial reenactments based on court transcripts and interviews with key participants - including expert scientists and Dover parents, teachers and town officials - 'Judgment Day: Intelligent Design on Trial' follows the celebrated federal case of Kitzmiller v. Dover School District," the site states.

"In 2004, the Dover school board ordered science teachers to read a statement to high school biology students suggesting that there is an alternative to Darwin's theory of evolution called intelligent design - the idea that life is too complex to have evolved naturally and therefore must have been designed by an intelligent agent," the Web site says.

"The teachers refused to comply," it adds.

"'Judgment Day' captures on film a landmark court case with a powerful scientific message at its core," said Paula Apsell, NOVA's senior executive producer. "Evolution is one of the most essential, yet - for many people - least understood of all scientific theories, the foundation of biological science."

"We felt it was important for NOVA to do this program to heighten the public understanding of what constitutes science and what does not and, therefore, what is acceptable for inclusion in the science curriculum in our public schools," Apsell said.

Nevertheless, Discovery Institute attorney Casey Luskin disagreed that the program is just about science.

"PBS gives a false definition of intelligent design that is a complete straw man argument," Luskin said. "Scientists who support intelligent design seek evidence of design in nature, and argue that such evidence points to intelligent design, based on our historical knowledge of cause and effect."

"So intelligent design theory is not an argument based on what we don't know, but rather an argument about what we do know," he said.


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption
KEYWORDS: 501c3taxcheats; advocacy; atheismandstate; coyotemanhasspoken; defundtheleft; dover; intelligentdesign; lawsuitabuse; lawyers; liberal; pbs; scienceeducation; slapp; teachers; tortreform
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To: Earthdweller
“Evolution does not explain Creation.” - Charles Darwin

Exactly. Evolution/natural selection is one of the processes in creation.

201 posted on 11/17/2007 10:05:37 AM PST by ProCivitas (Duncan Hunter = Pro-Family + Fair Trade = Pro-America. www.gohunter08.com)
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To: allmendream; YHAOS; Alamo-Girl; js1138; xzins
So as I pointed out to bb, I wouldn’t go about quoting Franklin (or Thomas Jefferson) as supporting evidence for the notion that the founding principles of this nation were Christian to its core.

Well jeepers, allmendream, deists are Christians too, at least in general outline. We could say the same of Isaac Newton, notwithstanding that many Christian sects regard him a heretic for rejecting the doctrine of the Holy Trinity (for Occam's Razor reasons, as an unnecessary complication of the essential nature of God). Newton's concept of God more closely resembles that of Judaism. Newton's God is the Pantocrator, who does the intervening into created nature all by himself, having no Son or Holy Spirit to do it for him (so to speak).

Still, it's interesting to note (again) that Franklin's speech was delivered when he was a seasoned, aged man. And it is not the speech that we would expect to hear from a deist, for he definitely suggests that God does engage himself in the affairs of men.

And also Jefferson's motto, "Resistance to tyrants is obedience to God," wasn't something that he just put on his tombstone. It was graven on his personal seal, which he used constantly during life. This was in the days when letters were not sealed in glued envelopes. They were sealed with sealing wax, into which one's personal seal was impressed to secure the sturdy closure of the envelope. Jefferson was a prolific letter writer. Any recipient of a TJ letter would see the seal, and know the identity of the sender before even opening his mail. TJ chose that motto presumably because it reflected beliefs that he strongly and deeply identified with.

202 posted on 11/17/2007 10:19:13 AM PST by betty boop (Simplicity is the highest form of sophistication. -- Leonardo da Vinci)
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To: allmendream

Not to worry, allmendream. I’m grateful for your gracious apology.


203 posted on 11/17/2007 10:21:47 AM PST by betty boop (Simplicity is the highest form of sophistication. -- Leonardo da Vinci)
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To: betty boop
Desist do not believe in the divinity of Christ. Some Deists believe in a ‘clockmaker’ Creator who doesn’t interfere in the affairs of the universe. Franklin was not among these Deists. He believed that everything was a manifestation of Divine Will. But he didn’t believe that Christ was Lord.

Jefferson's view was that the virgin birth of Christ was as unlikely as the mystical generation of Athena from the skull of Zeus. He was not a Christian either, except as a proponent of the philosophy of Christ. But Christianity without Spirituality is not really Christianity. Whatever the mans merits or faults, he was not a Christian as Christianity is usually defined.

204 posted on 11/17/2007 10:34:02 AM PST by allmendream ("A Lyger is pretty much my favorite animal."NapoleonD (Hunter 08))
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To: allmendream
I believe in specific and enumerated powers, and the clear meaning of the language of the Constitution (such that ‘public use’ denotes actual public use, and not ‘any conceivable public benefit’; and ‘the rights of the people to keep and bear arms shall not be infringed’ to mean that our right to be armed shall not be infringed).

By George, I think you have it. And that we have something upon which we can agree. Perhaps a good deal more than that upon which we disagree. I think to some considerable degree we may have been talking past each other rather than to each other. I acknowledge my share of the responsibility for that, and I will try to keep in mind that many pose constitutional principles in language somewhat at variance with mine.

On this business of doing one’s own research (msg 194), you were more than a little the innocent bystander in this instance. But, be advised, around here innocent bystanders get caught in the crossfire on a regular basis. And, when researching the Christian influence on the development of our nation, it makes no more sense to consult only atheist websites than it does for Christians to consult only creationist websites when they are researching science,

205 posted on 11/17/2007 11:50:46 AM PST by YHAOS
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To: betty boop
I actually believe that the 2008 election is fundamentally about what kind of an America we want to live in.

Funny you should mention that. I’ve heard Rush say the same thing. I agree.

How could I not agree with an all-star lineup like that. { 8^)

206 posted on 11/17/2007 12:08:20 PM PST by YHAOS
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To: YHAOS

Well thank you for that. The statement that I wouldn’t lift a finger to defend the Constitution in any context cut me to the bone after a lifetime of intellectual and physical defense of a document I have sworn an oath to protect and defend. I will take care to include as much relevant language as possible when quoting our beloved Constitution in the future; especially when it pertains to the specific, limited, and enumerated powers granted. As to the source for the dispute between the newspaper account and Madison’s recollections (and later text of the speech, and note added later in Franklin’s handwriting); the website was the first one that came up on a google of a phrase which is present in both accounts. Do you have any evidence that the information they sourced was incorrect? It seemed pretty authoritative and definitive and agreed well with js##’s account. It would be a great blow to their credibility if they were found in an outright lie.


207 posted on 11/17/2007 1:09:23 PM PST by allmendream ("A Lyger is pretty much my favorite animal."NapoleonD (Hunter 08))
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To: xzins
For my part, evolution is inherently antireligious.

Only if one believes that everything that exists must have been created the same way.

I find the religious arguments about evolution to be puzzling, since evolution actually provides the best explanation for how parts of Genesis could be true.

The number of different animal species that exist in the world today is sufficiently large that putting two animals of each species into Noah's Ark would have been impossible--they wouldn't fit. If, however, one accepts evolution is a means by which a small set of progenitor species could result in a larger set of descendant species, then the size of the ark is no longer a problem. Time scale might be, but I'm not sure that the Genesis measures of prehistoric time were meant to be taken literally. Rather hard to have 'days' and 'nights', for example, before the Sun and Moon are created on the third 'day'.

208 posted on 11/17/2007 1:33:38 PM PST by supercat (Sony delenda est.)
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To: jwalsh07
I don't know much about formal logic but your statement is laughable. When a state actor declares that "evolution is not anti-religious" you only need to find one religion that disagrees with that statement to falsify it, not the other way around.

Neither statement is accurate. Putting faces of historical Presidents on coinage would not be anti-religious even if some religious people would consider such behavior to be the worship of graven images. Conversely, banning the publication of any an all religious texts in printed form would clearly be anti-religious even if there was a religion whose followers carried on their traditions purely through oral/aural means.

The question of whether a behavior would be 'anti-religious' or not primarily boils down to a question of motive. And I don't think there's enough evidence to support anti-evolutionist's claims, and the proposed remedy is not appropriate in any case.

209 posted on 11/17/2007 1:46:04 PM PST by supercat (Sony delenda est.)
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To: supercat

Let’s try the converse, shall we? The Science teacher, as state actor with a compelled audience, teaches that evolution is anti-religious. Is there a constitutional problem with that?


210 posted on 11/17/2007 2:30:35 PM PST by jwalsh07
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To: allmendream
As to the source for the dispute between the newspaper account and Madison’s recollections (and later text of the speech, and note added later in Franklin’s handwriting); the website was the first one that came up on a google of a phrase which is present in both accounts. Do you have any evidence that the information they sourced was incorrect?

I don’t know that I have any info either way. What phrase did you google?

I can tell you that Dr. Franklin gave two speeches at the Convention; one on Thursday, June 28 (the speech quoted in msg 221), and a shorter speech given on Monday, September 17. Both are published in Farrand’s Records, and both are well known. If a newspaper committed errors in reprinting old Ben’s speech at some later date, then I can understand why Madison sought to correct the errors, but neither event has anything to do with boop’s msg 157. Her source is valid and she quoted the speech accurately.

The Sept. 17 address (Farrand’s Records, Volume 2, beginning page 641):

The engrossed Constitution being read,

Docr. Franklin rose with a speech in his hand, which he had reduced to writing for his own conveniency, and which Mr. Wilson read in the words following.1

[Note 1: 1 Franklin seems to have sent copies of this speech in his own handwriting to several of his friends, and one of these soon found its way into print (see Carey's American Museum, II, pp. 558--559). After examining several of these copies, it seems probable that Madison's copy represents the speech as it was read. The others all embody subsequent modifications. See further Appendix A, CXXVIII, CLXXXVII, CC.]

Mr. President

I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that where ever others differ from them it is so far error. Steele, a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said "I don't know how it happens, Sister but I meet with no body but myself, that's always in the right" -- Il n'y a que moi qui a toujours raison".

In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an Assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good -- I have never whispered a syllable of them abroad -- Within these walls they were born, and here they shall die -- If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends. on opinion, on the general opinion of the goodness of the Government, as well as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administered.

On the whole, Sir, I cannot help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility-- and to make manifest our unanimity, put his name to this instrument." -- He then moved that the Constitution be signed by the members and offered the following as a convenient form viz. "Done in Convention, by the unanimous consent of the States present the 17th. of Sepr. &c -- In Witness whereof we have hereunto subscribed our names."

End excerpt

The note 1 in the Farrand’s cited above gives us some clue that it might be this later speech which aroused the controversy, because Farrand relates that some copies apparently were not faithful to Madison’s original.

211 posted on 11/17/2007 4:27:33 PM PST by YHAOS
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To: jwalsh07
Let’s try the converse, shall we? The Science teacher, as state actor with a compelled audience, teaches that evolution is anti-religious. Is there a constitutional problem with that?

To say that some action is anti-religious is to suggest that it is driven by some anti-religious motive. What specific anti-religious motive must necessarily attach to the teaching of Darwinian mechanics? It it not plausibly being driven by other non-anti-religious motives?

I would agree that people who teach evolution sometimes push such teaching in anti-religious direction. Generally, though, the problem isn't with the teaching of Darwinian mechanics, but rather with teachings that go beyond that.

The basic principles behind Darwinian mechanics are sound, and are applicable in many fields for predicting the effects of various actions. Further, they can offer a plausible explanation for much of history and pre-history, though not for all of it. The only problem, though I'll admit it's sometimes significant, comes when it is presented as being the sole explanation for everything. The remedy, though, is not to attack the teaching of Darwinian mechanics, but rather to ensure that teachers make clear the distinctions between what things are reasonably certain, what things seem likely, and what things are essentially guesses.

212 posted on 11/17/2007 4:42:38 PM PST by supercat (Sony delenda est.)
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To: supercat
We are not discussing Darwinian mechanisms, we are discussing the constitutionality of state actors making declarative assertions vis a vis religion.

I understand your reticence though to answer the converse because it makes it obvious that SCOTUS establishment clause jurisprudence makes it painfully clear that state actors can not make such statements to students compelled to be in class.

213 posted on 11/17/2007 4:50:21 PM PST by jwalsh07
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To: kevinm13
PBS should have it public funding pulled and should be independent.

Especially since they run commercials now.

214 posted on 11/17/2007 4:54:53 PM PST by Bloody Sam Roberts (Jet noise. The Sound of Freedom. - Go Air Force!)
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To: jwalsh07
We are not discussing Darwinian mechanisms, we are discussing the constitutionality of state actors making declarative assertions vis a vis religion.

It has long been established that it is perfectly proper for agents of the state to make statements about religion. For example, a statement like "Most Jews believe that nobody resembling the Jesus Christ of the New Testament was born in ancient Rome," is simple and factual, and would be entirely appropriate in discussing the difference between Judaism, Christianity, and Islam.

I would consider a statement that evolution is not anti-religious is a statement about religion, rather than a religious statement; a claim that it is anti-religious would likewise also be a statement about religion rather than a religious statement, but would need some real evidence before I'd accept its veracity.

215 posted on 11/17/2007 5:12:15 PM PST by supercat (Sony delenda est.)
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To: LesbianThespianGymnasticMidget
So, do I take it you don’t belive in (a) God?? There is a movement, in fundamental physics that now accepts the possibility of a Prime Motivator The knowledge that has been gained on the part of pure science is substantial, coming ever so close to explaining everything up to a few nano seconds after the "Big bang" - Talk to any atheist Physicist friend of yours and ask them "WHY", they, nor any other physicist would ever to be able to explain how or why. Theories abound, but, so do idiots. Science is an attempt, by mankind, to explain that which we cannot see. To explain effects or phenomena that we may not be able to feel or perceive. Science is a tool, used by "us" to garner understanding and control of the real world. Scientific breakthroughs in all areas have allowed mankind to live longer, be more productive, but as you well know the fruits of science in the hands of ne'er do wells can be a destructive force. Science is therefore subjective. There has to be an authority higher than just knowledge. I say a good mix of Wisdom and Intellect is in order. Now, all these three things do exist, true. But there has never been any human capable of having complete mastery of all three things, Wisdom Knowledge Intellect, the human race will never provide someone capable of that! The atomic Physicists have gone about as far as they can go. Unless you can convince a nation to build a particle accelerator the size of Texas or larger. and even then it scratches at the surface of what is left to be proven. All's I'm getting at is that to me, I believe God must exist. Atoms exist - explain it... Photons exist - explain that...< Gravity, Strong Nuclear Force etc. - I'm waiting... How did these things come to be? I guarantee While you ponder your a$$ off about it (I used to) I'll be chillin.
216 posted on 11/17/2007 6:28:27 PM PST by ChetNavVet (Build It, and they will GO!)
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To: supercat

Not to be nasty but what you or I think is irrelevant, it is what SCOTUS has held that is relevant to our discussion and SCOTUS has held that such statements are unconstitutional, the fact that their establishment clause jurisprudence is laughable not withstanding.


217 posted on 11/18/2007 7:59:17 AM PST by jwalsh07
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To: YHAOS
The phrase was “God governs in the affairs of men”. It was in both accounts. Franklin was a Deist, but not of the hands-off clockmaker God type of Deist. He did believe in providence.

From his autobiography...

“And, indeed, if it be the design of Providence to extirpate these savages in order to make room for cultivators of the earth, it seems not improbable that rum may be the appointed means. It has already annihilated all the tribes who formerly inhabited the sea-coast.”

218 posted on 11/18/2007 8:47:41 AM PST by allmendream ("A Lyger is pretty much my favorite animal."NapoleonD (Hunter 08))
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To: allmendream; YHAOS; Alamo-Girl; metmom
Desist do not believe in the divinity of Christ. Some Deists believe in a ‘clockmaker’ Creator who doesn’t interfere in the affairs of the universe. Franklin was not among these Deists. He believed that everything was a manifestation of Divine Will. But he didn’t believe that Christ was Lord.

Etc.

We can quibble over details all day long, but I have not the slightest doubt that Jefferson, Franklin, Madison, et al., are firmly within the JudeoChristian cultural orbit. The first two especially were prime figures of the American Enlightenment. Notwithstanding they believed in a Creator who is the source of unalienable human rights and, because we are his creatures, made in His image, in the sovereign dignity of every human person. Their own lives demonstrate that faith and reason aren't the mutually opposed irreconcilables as we are being taught today by such notables as Dawkins, Harris, Dennett, and Hitchens. There is absolutely no doubt that these Framers were not atheists; nor Buddhists, Hindus, or Muslims either. Granted the fact that they departed from certain dogmas on rationalist grounds may make them "heretical" in some people's eyes. Nonetheless they were Christian in fundamental belief. Ellis Sandoz suggests that they were generic Christians, or "Providential Christians." Indeed, my quote upthread from John Adams illustrates and supports this view.

Another thing worth considering is the history of Christian religious revival in America. The first Great Awakening was in the early 18th century; the second in the early 19th. The first ultimately spent its energies in the American Revolution itself. The second, in the Civil War, which ultimately boiled down to the institution of slavery. The abolition of slavery and the slave trade was preeminently a Christian project, first in England, in the crusade led by William Wilberforce; and then later in America. The Christian belief that all men are created equal in the sight of God is what essentially motivated this quest.

219 posted on 11/18/2007 11:13:46 AM PST by betty boop (Simplicity is the highest form of sophistication. -- Leonardo da Vinci)
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To: yoe

Another reason...well, you know.


220 posted on 11/18/2007 11:34:28 AM PST by Clintonfatigued (You can't be serious about national security unless you're serious about border security)
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