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Mark Stedman/Photocall Ireland

Should the Irish State hold the copyright to Amhrán na bhFiann? Fianna Fáil thinks it should

What do you think?

FIANNA FÁIL WANTS the copyright on the national anthem to be brought back under the ownership of the Irish State.

The song was written in 1907 by Peadar Kearney, who wrote the original lyrics in English. The song was adopted as the national anthem in 1922.  Peadar Kearney died in 1942 and under the current law, copyright officially expired on 31 December 2012,  70 years after his death.

Since then the anthem has not been under any copyright and Fianna Fáil Senator Mark Daly feels this needs to be rectified.

“Having copyright in place is the only way that we can protect our national anthem from being used in an inappropriate manner,” the Senator said in a statement today.

Daly adds that he will be introducing a new bill into the Seanad which he says will “rectify the problem” of Amhrán na bhFiann not being under copyright.

The opening line of the national anthem was used on a range of Dunnes Stores clothing designed by former Kerry footballer Paul Galvin.

Senator Daly has said that such commercial use was “inappropriate”.

Others argue that copyrighting the national anthem is a form of censorship that would restrict artists from reimagining the song.

The US national anthem, for example, is in public domain and the tune is not copyrighted, although some versions of the song may be.

Jimmy Hendrix famously played the Star Spangled Banner at his concerts for a number of years during the Vietnam War, most notably at Woodstock in 1969. 

Closer to home, Irish experimental group Meltybrains? recently released a 10-minute-long ambient version of Amhrán na bhFiann.

Speaking on RTÉ Radio yesterday, Daly said that he has “no issue” with musicians reinterpreting the song in their own way but that,

It’s the actual commercialisation of the national anthem, something that has happened in other countries and has also happened here unfortunately.  

Other questions that would need to be addressed would be in exactly what instances use of the song would be considered “inappropriate”.

Poll: Should the Irish State hold the copyright for Amhrán na bhFiann?


Poll Results:

Yes, it protects the anthem. (4100)
No, copyrighting it is restrictive. (1947)
Not sure. (657)

Read: It’s official: copyright on the National Anthem has ended >

Read: What will happen to Amhrán na bhFiann in 2012? >

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58 Comments
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    Mute brian boru
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    Jul 11th 2016, 7:39 PM

    This is what our senators are doing with their time ?

    Really ?

    How much are we paying these guys ?

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    Mute Tweed Cap
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    Jul 11th 2016, 8:02 PM

    Too late Mr. Daly.
    Dinny O Brien’s lawyers just copy righted it today at 4:59pm

    *clap of thunder and bolt of lightening as he sparks up a Monte Christo.

    MUAWWWWWHAHAAAAHAHAHAHAHAHAHA

    61
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    Mute Ron Spaghettini
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    Jul 11th 2016, 8:03 PM

    Definitely copyright it.

    Then the government can sell it to the Germans or some multinational when the sell the rights to our water, or some other national resource.

    90
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    Mute Nick Allen
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    Jul 11th 2016, 8:45 PM

    Brian

    We voted to keep the Seanad

    21
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    Mute Bobby Phelan
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    Jul 11th 2016, 8:47 PM

    Ff working hard for their voters base.there voters base thinks Ireland is on the up again lol.hse crisis homeless crisis housing crisis a massive debt crisis.so long as we have gombeens we will have ff sorry to say

    32
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    Mute brian boru
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    Jul 11th 2016, 9:22 PM

    I and everyone I know voted to keep and reform the Seanaid,

    Enda threw his toys out of the pram and refused and has not mentioned it since

    He then loaded it with every failed public representative caring little for the public outcry,

    Meanwhile the Seanaid needs reform…

    39
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    Mute ChocSaltyBallz
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    Jul 11th 2016, 10:16 PM

    I didn’t I reject the seanad

    10
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    Mute jenni
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    Jul 11th 2016, 11:39 PM

    and then enda made james o reilly a senator ..and then made him deputy taoiseach..wow. long live cronyism. FG are just corrupt under Enda.Noonan should be in charge, again.

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    Mute TheLoneHurler
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    Jul 12th 2016, 12:05 AM

    Our Anthem should be “A nation once again”

    19
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    Mute Frank's Cat
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    Jul 12th 2016, 12:33 AM

    He’s not deputy Taoiseach, he’s deputy leader of Fine Gael. The “deputy Taoiseach” or Tainaiste is Frances Fitzgerald. And some of you need a basic course in civics because there is not such thing as voting a party out. You only get to vote someone in. And not enough of you voted Sinn Fein in. Or whoever your preferred alternative is.

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    Mute Jane Alford
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    Jul 12th 2016, 5:47 AM

    That was OK until you started banging the SF drum…

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    Mute Frank's Cat
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    Jul 12th 2016, 3:38 PM

    Believe me I don’t bang the SF drum. Just knowing my audience, that’s all.

    2
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    Mute James Delaney
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    Jul 13th 2016, 1:43 AM

    Why not have a 2nd vote – We ysually do. Some FF hack myst have the rights to our Anthem at the moment – Another back-hander to a FF Supporter.

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    Mute Adrian
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    Jul 11th 2016, 8:51 PM

    FF seem to be on a major popularity push at the moment. Recently, they’ve highlighted the soaring cost of car insurance, the minimal take up of some gov backed mortgage scheme, the fact that 2700 social housing units in the country are vacant, and now this national anthem thing.

    Since its a minority gov, they have the power to change things, they could make these red line issues on their continued cooperation with FG, but are they doing this, No. So its all just huff and bluff with the sole purpose of making the opposition (FG) look bad, while still having no intention of actually doing anything about these important issues.

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    Mute seeingeye
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    Jul 11th 2016, 10:48 PM

    The public taking back FF is like taking back a lover who lied to you and beat you until you were inches from death. I don’t get it.

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    Mute AN other
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    Jul 12th 2016, 2:40 AM

    It’s a grand coalition, don’t kid yourself!

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    Mute Willy
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    Jul 11th 2016, 7:42 PM

    What ever FF say.. Do opposite.. History has shown so..

    90
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    Mute will
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    Jul 11th 2016, 7:40 PM

    Wow a tax on the right to sing our national anthem..

    82
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    Mute gus sheridan
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    Jul 11th 2016, 7:49 PM

    We could choose a much better song than that anyway.

    56
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    Mute Wayne O'Fathaigh
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    Jul 11th 2016, 7:50 PM

    Or more stopping people like Paul Galvin using it to advertise their crap clothes

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    Mute will
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    Jul 11th 2016, 7:54 PM

    Or use the face of Dev as the new logo too irish water

    17
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    Mute Stephen murphy
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    Jul 11th 2016, 7:50 PM

    It’s just a song, who cares and sort the country out you bunch of useless tools.

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    Mute David Mc Shite
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    Jul 11th 2016, 7:47 PM

    I voted yes but I’m not that bothered tbh.
    If you run the poll again I may answer differently.
    A bit like the Lisbon Treaty.

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    Mute Paddy Ryan
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    Jul 11th 2016, 7:47 PM

    And who gets to decide what “appropriate use” is ? Just let the copyright lapse.. It belongs to the Irish people so let them use it without restriction..

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    Mute Paddy Ryan
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    Jul 11th 2016, 7:49 PM

    *let the copyright stay lapsed….

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    Mute rodrigo detriano
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    Jul 11th 2016, 9:27 PM

    Crappiest song ever!!! Scotland and Wales have way better anthems!!!

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    Mute Patrick Rowland
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    Jul 12th 2016, 11:30 AM

    God Save the Queen? that is the official National Anthem of all the United Kingdom countries

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    Mute Derek Walsh
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    Jul 11th 2016, 7:47 PM

    The song is in the public domain. It should stay there. Copyright laws are restrictive enough without pointlessly adding to them.

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    Mute James Roche
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    Jul 11th 2016, 7:49 PM

    Won’t be long until the EU give us a new one anyway so what’s the point :(

    35
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    Mute Dubabroad
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    Jul 11th 2016, 8:20 PM

    Merkel merkle uber alles!!

    17
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    Mute Wayne O'Fathaigh
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    Jul 11th 2016, 7:52 PM

    We would be better of putting in proper guidelines for both the flag and anthem and their use and treatment in the public domain. Having Paul Galvin using it for a clothing commercial or having lads sticking Clinton Morrisons ass on our flag are hardly ideal

    34
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    Mute 3monkey
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    Jul 11th 2016, 8:08 PM

    I thought Denis O’ Bribe owned it ?

    27
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    Mute John003
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    Jul 11th 2016, 8:26 PM

    It is just the copywrite in English that will expire
    Can we gave another referendum please to abolish the senate

    21
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    Mute Gerry Fallon
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    Jul 11th 2016, 8:11 PM

    Who gives a f**k about copyright.start building houses for de people. Bl**ding copyright! I ask ye. What’s next?should we all be entitled to an umbrella coz its always bl**din raining?

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    Mute windbag
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    Jul 11th 2016, 7:53 PM

    Yes … If it keeps it out of the hands of Galvin and the like ….. Jaysus … Paul Galvin for F sake ..

    22
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    Mute Stephen Todd
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    Jul 11th 2016, 7:42 PM

    You’d think they’d worry about being actual republicans as opposed to pseudo republicans. I get the sentiment of course, but there’s more to be worrying about

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    Mute Dave Curtis
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    Jul 11th 2016, 7:44 PM

    I think the author has meltybrains?

    21
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    Mute Rory
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    Jul 11th 2016, 7:40 PM

    I would be highly surprised if the overall view is not Yes. It needs to be protected

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    Mute Barry Davidson
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    Jul 11th 2016, 7:42 PM

    Why? It’s censorship plain and simple.

    36
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    Mute Sean Manning
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    Jul 11th 2016, 8:34 PM

    will the irish team have to pay the government every time they sing it ?

    15
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    Mute David A. Murray
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    Jul 11th 2016, 9:41 PM

    Off topic I know, but I have to ask if anyone really has any faith in our political system, or is it just that people think it could be even worse?. I noticed that John Bruton wrote a book a while ago titled ‘Faith In Politics’ and it’s very hard not to be utterly cynical about that title. I can’t believe that if we go along for the ride for much longer that we aren’t going to end up in a very debased society. It’s just that I can’t remember any real political action/legislation in the last 8 years that would have inspired me to believe that we’re going in the right direction (of course I could just have forgotten some important legislation or an act of real conviction by a politician, or I could just be worn down by the sheer apparently never ending self-promotion, self-justification, self-serving parade of most of our politicians.

    14
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    Mute alphanautica
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    Jul 11th 2016, 8:46 PM

    The Irish national anthem is probably one of the worst globally.

    Even small 3rd world islands can have dignified orchestral pieces possessing of great depth, movement and feeling.

    Ours is a tinny little ode for a claptrap marching band with an awful melody. Sounds weak and thin no matter what instrument it is played on.

    For all our heritage of art, music and literature, is this really the best we can come up with?
    High time, with all of the changes in the North and our advancement as a country, that we dig a bit deeper for something of beauty about the future. Not a little rattling war ditty that means nothing to anyone.

    14
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    Mute Brian O'Faolain
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    Jul 11th 2016, 11:12 PM

    Id be happy with lukes ‘a song for ireland’, keep your orchestra

    2
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    Mute Joe
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    Jul 11th 2016, 11:41 PM

    It is a bit of a dirge alright, the druid, butI think its dirgness (is that a word?) has been outdone by the awful God save the queen. Northern nationalist really have a Hobson’s choice!

    3
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    Mute Donal O'Leary
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    Jul 11th 2016, 8:42 PM

    Am I not allowed sing it in Celtic Park anymore? :(

    9
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    Mute Jonathan Baum
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    Jul 11th 2016, 10:33 PM

    Haven’t they go more important things to worry about?

    8
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    Mute Paul Lane
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    Jul 12th 2016, 2:32 AM

    It was never the states to copyright in the first place and they were successfully sued by the legitimate owners in the 1930′s for breach of copyright

    5
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    Mute David Neary
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    Jul 11th 2016, 9:50 PM

    I’m sorry, you do not get to change the law because a country wants to own a song. Copyright law exists to encourage creativity by guaranteeing temporary ownership. The public domain, where copyright materials go once their copyright expires, is designed to encourage creativity through adaptation, sampling, etc.

    Mark Daly doesn’t get to change international copyright law because a song can be repurposed, whatever that song may represent, in the same way the estates of Arthur Conan Doyle or L Frank Baum don’t get to deem the earlier works of those writers still in copyright, because they want to save face, or more specifically make a few extra quid.

    This is a shameful abuse of the law proposed by the Senator, that plays into the most bilious jingoism; that a song about a country is above all other art, and the State itself is above all law.

    I feel like recording my own cover of Amhrán na bhFiann and selling it online just to spit in the Senator’s eye.

    5
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    Mute Larry Doyle
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    Jul 11th 2016, 9:11 PM

    It amazes me how much airtime/column inches this finna fail lightweight has gotten with this flim-flam appeal to Trump type voters under the guise of a patriotic appeal to protect a song! A song!

    4
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    Mute Jack Bowden
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    Jul 11th 2016, 9:15 PM

    It’s great when copyrights end. It means anyone can play the song at anytime without paying royalties.
    Recently Happy Birthday can now be sung on television without them paying royalties. It just came off patent.

    3
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    Mute Joe
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    Jul 11th 2016, 9:24 PM

    Well not really, it was copyrighted but a recent court case decided it wasn’t copyright.

    5
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    Mute Pernambucogypsy
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    Jul 12th 2016, 7:47 AM

    Fianna Fáil. A great bunch of lads. #vivapopulism

    2
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    Mute Seamus
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    Jul 12th 2016, 10:43 AM

    Does anyone actually care? They have better things to be doing with their time.

    2
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    Mute Virtual Architect
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    Jul 13th 2016, 10:37 PM

    What a f*cking waste of time. This clown doesn’t understand what copyright is or how it works. There should be an IQ test for politicians.

    1
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    Mute Patrick J. O'Rourke
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    Jul 12th 2016, 12:44 PM

    I thought our anthem was Ode to Joy.

    1
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    Mute Andre Carboni
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    Jul 12th 2016, 12:32 AM

    I think they should give it to England.

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    Mute Rosa Parks
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    Jul 12th 2016, 3:55 AM

    No.

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