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Frontiersman, June 1996
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Party Games
by Sam Aurelius Milam III
15x5 Page Background GIF ImageI was raised in the compulsively conformist Bible Belt, in Texas and Louisiana.  When I came to California in 1971 and discovered a small clique of libertarians, I was delighted.  At last there were people who could understand me.  We started a discussion group and thrashed the issues around thoroughly.  Then one of our members joined the new Libertarian Party and decided to run for office.  After that, our discussion group became a campaign committee.  I walked door-to-door with leaflets.  I manned (sorry ladies, I "personed") the Libertarian booth at the county fair.  I registered voters.  None of us expected Libertarian candidates to get elected.  Our objectives were to educate people and to be a source of ideas for the political mainstream.  We openly acknowledged that as our ideas gained popularity, they'd be appropriated by mainstream parties.  We didn't object.  In fact, that was our plan.
15x5 Page Background GIF ImageIt happens, however, that a campaign committee is influenced by different incentives than those which influence a discussion group.  Different incentives attract a different membership.  They also evoke different responses from the old membership.  What happened to the character of our discussion group was a microcosm of the more gradual change in the larger libertarian movement after the Libertarian Party was formed.  Here's how it happened.
15x5 Page Background GIF ImageLibertarians became increasingly committed to registering candidates, maintaining ballot status, increasing paid membership, and protecting the party's growing vested interest in the elective process.  Libertarian discussions gradually became apologies for compromise as Libertarians joined the struggle to win mainstream voters.  Libertarians learned to woo voters by apologizing for libertarian principles, rather than by practicing those principles.  By the end of 1987, people who called themselves Libertarians were advocating some very statist ideas like automatic vehicle identification systems on the freeways, and franchised public transit systems.  Before my very eyes, the "party of principle" slowly became the "party of principal".
15x5 Page Background GIF ImageAs the Party gradually acquired its vested interest in the political establishment, my resistance against the government grew.  Eventually, I terminated my Social Security number, declined voter registration, stopped filing tax returns, rescinded my driver's license and refused to register my vehicles.  My principles were making my life difficult and even dangerous.  At the same time, I noticed that people in the Party were doing little more than talk.  Every time I saw a cop on the road and tried to be invisible and sneak away, I got more resentful of the Libertarian Party.  Sometime during 1987, the road cops took my car.  Their complaint was that it wasn't currently registered.  After a little pondering, I realized that it had become necessary for me to give up owning a motor vehicle.  If there had been a large and growing number of Party members who were refusing to register their vehicles the result might have been different, but it's easy for the cops to oppress a lone resistor.  Since then, members of the Party have continued to complain about licensing and regulation, but most of them still have driver's licenses and registered vehicles.  I haven't owned a car since then.
15x5 Page Background GIF ImageIn July of 1995, during one of my stints as editor of the Santa Clara Libertarian, I encountered another indication of just how far astray the Libertarian Party had gone.  That month, I published an article in which I exposed perjury and document falsification within the Santa Clara County District Attorney's office.  The local staff of the Libertarian Party panicked.  They insisted that misbehavior by a District Attorney isn't proper subject matter for a Libertarian newsletter, and fired me from the position of editor.  The fact is that they were terrified of the DA, and afraid that he might notice that there is a Libertarian Party in Santa Clara County.
15x5 Page Background GIF ImageThe Party's vested interest in the status quo has tamed it.  A tame Libertarian Party, staffed by armchair activists, is fine window-dressing for emerging tyranny.  Party members can complain all they want, just so long as they're docile.  Tyranny doesn't require agreement.  It requires obedience.
15x5 Page Background GIF ImageToday, the local Party insiders continue to go to their government approved meetings and "play politics" as if it was a game.  They complain at length about excessive regulation, but they're very careful to avoid doing anything that might annoy the authorities.  Meanwhile, around the world good people are being slaughtered in various fights for liberty.  As America slides toward a chaos of its own, that change is clearly a response to growing tyranny.  Beyond a certain point, party games no longer provide any hope of a remedy.  Only the extreme politics of incipient revolution can provide any hope of diverting the government from its present course.  Only a clearly demonstrated willingness to fight a revolution can prevent one.  The party games are almost over now.  Liberty isn't a game any more.  Probably, it never was.10x5 Page Background GIF ImageGun
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"It is the common fate of the indolent to see their rights become a prey to the active.  The condition upon which God hath given liberty to man is eternal vigilance;  which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."
— John Philpot Curran, 1790


Frontiersman, 435 South White Road
June 1996, Page 1
 

 
 
 
The Fifth Amendment:  a Source of Public Danger
by Sam Aurelius Milam III
Page 3 Box 115x5 Page Background GIF ImageLike most of the Bill of Rights, the Fifth Amendment isn't particularly useful.  For example, the grand jury provision contains huge loop-holes.  One of them is that it applies only to capital or infamous crimes.  A capital crime is a crime that is punishable by death.  An infamous crime is a crime that is punishable by imprisonment in a state prison or penitentiary.1  This leaves out a lot of offenses and allows for a lot of punishment without the participation of a grand jury.  The amendment doesn't apply to offenses punishable only by fines, penalties, deprivation of property, deprivation of some right or privilege, or by confinement somewhere other than in a state prison or penitentiary.
15x5 Page Background GIF ImageEven for a capital or infamous crime, there are exceptions. Page 2 Box 2The amendment doesn't apply to cases arising in the army or in the navy.  However, there's another even more puzzling exception, and that is the militia.  The definition of militia varies according to the source and its vintage.  Clearly, however, the writers of the Fifth Amendment considered the militia to be distinct from the military forces, since it was mentioned in addition to them.  This is completely consistent with the definition given several decades ago by the Encyclopedia Britannica. According to this definition, the militia is distinguished from the draft, from the military, and from the National Guard.  It is, rather, based on the "obligation of every man to serve his nation".  According to this definition, men (but not women) are excluded from grand jury protection if they are in the militia, and if the militia is in actual service in time of war or public danger.  This makes it important to understand the meanings of actual service and public danger.
15x5 Page Background GIF ImageWhat is a time of "public danger"?  It is a fact that the United States was continuously in a state of national emergency from 1933 to 1976.  Thirteen declarations of national emergency occurred between 1976 and 1992.2  That should certainly satisfy the requirement to be legally considered a time of public danger.
15x5 Page Background GIF ImageDoes the so-called "war on drugs" constitute a time of "public danger"?  If so, can the government create a time of public danger whenever it wants one, just by making some popular thing illegal?  If there are terrorists at large in the world, is that a time of public danger?  If it's dangerous to go out at night, if people feel insecure, is that a time of public danger?  Look at the definitions.  The words must be taken in their comprehensive and common sense.  If people in the community generally feel insecure, then it's a time of "public danger".
Page 2 Box 315x5 Page Background GIF ImageWhat does it mean to be in actual service?  The amendment doesn't say the militia must be in military service.  It says actual service.  Remember the Britannica definition of militia.  "The true militia system as a legal tradition is based upon the obligation of every man to serve his nation."  Does actual service include the civil service?  How about people who work for public utilities, police departments, or fire departments?  How about Amtrak employees, or postal workers?  What about hospitals, and air traffic controllers?  If an industry is defined as a "service industry", are workers in that industry in "actual service"?  Just what does it mean for the militia (every man not in the military) to be in actual service (serving his nation)?
15x5 Page Background GIF ImageWhat this all means is that the grand jury protections might be legitimately denied to any man who is engaged in any kind of service during any time of unrest.  If governments were always benign, such an ambiguous provision might provide some protection.  However, if governments were always benign, such protection would be unnecessary.  I believe the grand jury provision is, more than anything else, a temptation for the government to frighten and confuse people, and then to exploit the fear and confusion.  It provides no protection at all and potentially gives enormous power to the government.10x5 Page Background GIF ImageGun
1Black's Law Dictionary, 1979
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2CRS Report for Congress, National Emergency Powers, December 10, 1992
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June 1996, Page 2Frontiersman, 435 South White Road
 

 
 
 
A Pledge for Politicians
by Dante DeAmicis
15x5 Page Background GIF ImageIt seems that more and more politicians are trying to get their opponents to sign their pet campaigning pledges.  I think we should consider the source.  And what about after they are elected?  That's when the real problems begin.  Oh well, I guess it is up to me, so here it is, my ...
Responsible Representation Pledge
1.I will not advocate that any group do anything that would be illegal for an individual to do.
2.I will represent the district but will not claim to represent anyone who didn't vote for me.
3.I will not charge to future generations things that mostly benefit my present constituents.
4.I will not expect anyone to do anything for the "Common Good" that I wouldn't be willing to do myself.
5.I will vote to fix my salary to some multiple of the median wage earner.
6.I will not support measures that prevent people from securing their own food, shelter, clothing, or providing these things for others.
7.I will support the people's right to form new governments, that is, new cities, de-annexations, or smaller districts from larger ones.
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Please Sign 
15x5 Page Background GIF ImageI can hardly wait to send it to the people hustling my vote.10x5 Page Background GIF ImageInfinity Symbol

Hootin' For Joy
by Sam Aurelius Milam III
15x5 Page Background GIF ImageThe Equal Employment Opportunitity Commission (EEOC) recently dropped its case against the Hooters restaurant chain.  Hooters is the chain that's famous for the luscious babes who flaunt their, uh, attributes as waitresses at the Hooters restaurants.  Hooters attracted the attention of the EEOC when it refused to hire men for the jobs.  However, not to worry.  There will not be a case from the EEOC this time, and the threatened $22,000,000 fine has been dropped.  The EEOC "recommends" that men be hired, but it will not take further action in the matter.1
15x5 Page Background GIF ImageWhat's the significance of this decision?  The EEOC accepts that a restaurant can refuse, based on gender, to hire men for jobs that they could do just as well as women can do them.  This is a hypocrisy test for feminists.  That is, it's now acceptable for a restaurant to refuse, based on gender, to hire women for jobs that they could do just as well as men can do them.  After this, there should be no more feminine squeals of outrage about discrimination based on gender.  Of course, it's equally likely that U.S. Senator Dianne Feinstein will concede that the Oklahoma City bombing was a legitimate act of retaliation in response to government terrorism, the Russians will acknowledge the sovereignty of Chechnya, the Christian Coalition will open a legal defense fund for pedophiles, and Carl Sagan will propose that the moon is made of green cheese.10x5 Page Background GIF ImageMale Symbol
1KSBW Channel 8 Action News Live at Five;  Salinas, California;  Wednesday, May 1, 1996
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Page 3 BoxThe Twilight Koan
by Don Cormier
15x5 Page Background GIF ImageImagine, if you will, a planet in a far-off galaxy, inhabited by beings of tremendous egotism, whose main urge is to dominate and control others of their kind, and who will co-operate only when forced to do so.  Further imagine, if you will, that after a period of unlimited strife, the social order of the planet developed into a hierarchy, with the most powerful individual dominating all less powerful individuals, with the 2nd most powerful dominating his underlings, and so on.  Of course, in such an imaginary society, the youngest members are the least powerful, and the easiest to dominate
15x5 Page Background GIF ImageSo imagine, if you will, a class of children, who are not only controlled by force, but further controlled by a lie.  The lie is this:  that there exists an invisible, all knowing judge who sees people who disobey, and who will punish such disobedience at some unknown future time.  Not immediately, mind you, but in some horrible way at some unknown future date, frequently by engineering some terrible accident or disease.
15x5 Page Background GIF ImageFurther imagine that many generations of beings on this planet have been taught this lie, so that most of the beings do not even know that it is a lie, but spend their lives in cringing fear, not only of those about them who they can see, hear, and touch, but of this mysterious, unknown, twilight judge.
15x5 Page Background GIF ImageSo we have, for your consideration, a planet of terror and domination, where the most terrifying threat of all does not really exist.  Of course, none of this really exists — does it?10x5 Page Background GIF ImageInfinity Symbol

Aw, come on!  You're foolin', right?  A place like that couldn't really exist, could it?

— editor


Given infinity, all things are equally probable.

— Stephen Hawking, Cambridge University
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A world is supported by four things:  The learning of the wise, the justice of the great, the prayers of the righteous and the valor of the brave.  But all these are as nothing without a ruler who knows the art of ruling.
— from Dune, by Frank Herbert
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Buck Hunter Shoots Off His Mouth
What's the main cause of divorce?
— Newlywed
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Dear Newlywed
Marriage
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•     My thanks to Sir James the Bold, of Mere Keep, for the procurement of software for the newsletter computer system.
•     My thanks to Sir John the Generous, of Mere Keep, for the procurement of hardware for the newsletter computer system.
•     My thanks to Mars, of Silicon Valley, for procuring, repairing, and maintaining the newsletter copier.
— editor

Frontiersman, 435 South White Road
June 1996, Page 3
 

 
 
 
Frontiersman 
435 South White Road 
San Jose, California  95127 
Produced at Mere Keep

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Me, Po' Edgar, and The Ravin'
taken from the essay Ravin' Evermore
August 12, 1991, by Sam Aurelius Milam III

Quoth the Raven, "Stop his ravin!"
Quoth po' Edgar, "Nevermore!"
"Don't you know," implored the Raven
"That the man is misbehavin'?"
"Don't you know," replied po' Edgar
"That's what writer's work is for?"

"No!" objected Mr. Raven!
"Writin' ain't for misbehavin'!
It's for love, and lore, and more!
That's the thing that's writin's for."

"You're a bird brain" said po' Edgar
"It's too bad," continued Edgar
"That I ever wrote, demented,
of a bird so argumented
of an aviary scented
pesky argumentive bore!"

"But you did," the bird insisted,
"And the pen can't be resisted!
I may be a little twisted,
But I'm here to stay and more!
Once the moving hand has written
And the pen has deeply bitten
And the mind with words are smitten
No one is the same no more!"
Ravin
At that point I tired of waiting
For these two to start abating
All the chatter, all the baiting
So I showed them to the door,
Where po' Edgar looked about him,
Wondering why the bird would doubt 'im.

And the bird just flew away.
I guess that he was kinda sore.
Edgar couldn't help but mutter
and I guess I wondered what're
They both hoping to accomplish?
What the hell were they here for?

Now they're gone, but they inspired me,
Even though they finally tired me,
Just the same, they really wired me.
Think I'll write a little more.
Guess I'm not so bad.  I might'r
might not be your favorite writer,
But I might be somewhat brighter
It would trigger my igniter,
Dedicate me to my chore,
If I got some little prize'r
Got extoled up to the skys'r
(Hoping that you're not a miser),
Got some cash like from a geyser.
I'd be grateful evermore.


Sesame Suite
Bernie:Hey Burt!
Burt:Leave me alone!
Bernie:What do you call a paralyzed man floating in the ocean?
Burt: Nothing!  You just help him out of the ocean!
Bernie:Bob!
Burt:Ahhh, Bernie!
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15x5 Page Background GIF ImageIf you don't want to keep receiving this newsletter, print RETURN TO SENDER above your name and address, cross out your name and address, and return the newsletter.  When I receive it, I'll terminate your subscription.
15x5 Page Background GIF ImageBack issues or extra copies of this newsletter are available upon request.
15x5 Page Background GIF ImagePermission is hereby granted to reproduce this newsletter in its entirety or to reproduce material from it, provided that the reproduction is accurate and that proper credit is given.  Please note that I do not have the authority to give permission to reprint material that I have reprinted from other publications.  For that permission, you must go to the original source.  I would appreciate receiving a courtesy copy of any document or publication in which you reprint my material.
15x5 Page Background GIF ImageI solicit letters, articles, and cartoons for the newsletter, but I don't pay for them.  Short items are more likely to be printed.  I suggest that letters and articles be shorter than 500 words, but that's flexible depending on space available and the content of the piece.  I give credit for all items printed unless the author specifies otherwise.
15x5 Page Background GIF ImageThis newsletter isn't for sale.  If you care to make a voluntary contribution, you may do so.  The continued existence of the newsletter will depend, in part, on such contributions.  I accept cash and postage stamps.  I don't accept checks, money orders, anything that will smell bad by the time it arrives, or anything that requires me to provide ID or a signature to receive it.  In case anybody's curious, I also accept gold, silver, platinum, etc.  I'm sure you get the idea.
— Sam Aurelius Milam III, editor
June 1996, Page 4Frontiersman, 435 South White Road
 
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II10x5 Page Background GIF Image1.
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15x5 Page Background GIF Image5x5 Page Background GIF ImageYES15x5 Page Background GIF Image15x5 Page Background GIF Image15x5 Page Background GIF Image15x5 Page Background GIF Image15x5 Page Background GIF ImageCheck Box With 3 pts Above15x5 Page Background GIF ImageNO.
If "NO," and if this is based on the assumption that federal or state freedom-of-information laws do not require you to do so, cite the relevant legal provisions.
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16.
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15x5 Page Background GIF ImageDescribe fully the administrative measures that will be taken to guarantee the confidentiality and security of my personal data in your files, if you promise such confidentiality.
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17.
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15x5 Page Background GIF ImageIf my Social Security number has been requested, explain why you need it, since I am concerned that having this number on many of my government records makes it easy to assemble a comprehensive dossier about me.  EXPLANATION:
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If I am opposed to giving my Social Security number, despite your explanation, would you rather I left that space blank and returned the form to you with the other questions answered, or should I throw the form in the wastebasket?
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15x5 Page Background GIF ImageRETURN WITHOUT SOCIAL SECURITY NUMBER IF YOU WISH
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15x5 Page Background GIF ImageTHROW INTO WASTEBASKET.
18.
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15x5 Page Background GIF ImageDo you have a regular procedure for either destroying the personal information collected by this form or questionnaire after a certain period of time, or of updating it for accuracy and timeliness if it is retained?
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15x5 Page Background GIF ImageHAVE REGULAR PURGING PROCEDURE
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15x5 Page Background GIF ImageUPDATE THE INFORMATION
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15x5 Page Background GIF ImageOTHER.  Please explain.
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19.
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15x5 Page Background GIF ImageWhy didn't your agency put this explanatory information in your initial communication to me, either in a letter, an introduction to the form or questionnaire, or an enclosed brochure?  CHECK ALL THAT APPLY:
15x5 Page Background GIF Imagea.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageIt would cost us some money.
15x5 Page Background GIF Imageb.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageIt isn't the practice in our field.
15x5 Page Background GIF Imagec.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageWe didn't think anyone cared.
15x5 Page Background GIF Imaged.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImagePolicies haven't been formulated yet.
15x5 Page Background GIF Imagee.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageNo one higher up told us to.
15x5 Page Background GIF Imagef.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageWe were just following orders.
15x5 Page Background GIF Imageg.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageAll this uproar over privacy is silly.
15x5 Page Background GIF Imageh.10x5 Page Background GIF ImageCheck Box With 3 pts Above10x5 Page Background GIF ImageOther.  (Write in.)
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20.
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15x5 Page Background GIF ImageWouldn't it be a lot easier in the future to supply such explanatory information in advance, rather than have to reply to all these OFFICIAL AGENCY QUESTIONNAIRE EXPLANATION FORMS?
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15x5 Page Background GIF ImageYES
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15x5 Page Background GIF ImageNO
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15x5 Page Background GIF ImageDEPENDS ON HOW MANY OTHERS PUSH US ON IT


III
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Signature of person completing this form
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Business Address (include ZIP)
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Name (print)
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Business telephone
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Title
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Date
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LOOK OVER YOUR ANSWERS AGAIN.  MAKE SURE THAT ALL QUESTIONS YOU HAVE BEEN ASKED TO ANSWER ARE ANSWERED.  THEN BE SURE TO READ SECTION IV.
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IV.THE FOLLOWING ARE MY PROCEDURES FOR PROCESSING THIS OFFICIAL AGENCY QUESTIONNAIRE EXPLANATION FORM:
15x5 Page Background GIF ImageI will hold your original form or questionnaire until I receive your answers on this form and study their responsiveness to my legal and personal rights.
15x5 Page Background GIF ImageI will not reply to any computer-generated second or third mailings of your form or questionnaire.  My memory-system for keeping track of nonresponding agencies is infallible.
15x5 Page Background GIF ImageIf I do not hear from you within 30 days, I shall assume you are content to have me throw away the original form or questionnaire.
15x5 Page Background GIF ImageIf I receive stern letters pressing me to answer your form or questionnaire even though you have not replied to mine, I shall write "Constitutionally Obscene Mail — Return to Sender" on the envelope and give it back to the letter carrier.
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FOR YOUR INFORMATION:
15x5 Page Background GIF ImageIf your reply to this questionnaire is unsatisfactory or not forthcoming, I shall send a copy of the reply or of the original questionnaire to the U. S. Senate Subcommittee on Constitutional Rights, if a federal agency is involved, or to the appropriate state legislative committee, if it is a state or local government agency.  I shall send additional copies to the local and national offices of the American Civil Liberties Union.
15x5 Page Background GIF ImageI also talk to my friends about these matters, and they talk to their friends.  And LET'S FACE IT — YOU REALLY CAN'T RUN THE GOVERNMENT WITHOUT OUR COOPERATION, CAN YOU?
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