Sports

States Move To Force Sports Teams To Play the National Anthem

Three states have advanced constitutionally questionable laws.

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For the first time, some states are moving to turn the decades-old cultural norm of playing the national anthem before a sporting event into a legal requirement.

On Wednesday, Texas' Republican Gov. Greg Abbott signed into law Senate Bill (S.B.) 4, which will require professional sports teams to play the national anthem at the start of each preseason, regular season, and postseason game hosted in Texas. Enforcement is not criminal, which supporters say gives the law more leeway under the First Amendment. Instead, the law requires all financial agreements between pro sports teams and state and local governments to include written verification that the team will play the anthem. If a team fails to comply, it would default on the financial agreement and suffer whatever consequences the agreement spells out.

For example, the Dallas Mavericks have a lease to play in the American Airlines Center, which is owned by the city of Dallas. If the Mavericks stopped playing the anthem, they would be in default and the lease would be terminated (this would almost certainly spark legal action by the Mavericks challenging the default or the law). But the law only applies to future agreements, not existing ones, and the Mavericks have a lease through 2031. The kinds of financial agreements covered by the legislation may not just be stadium subsidies or leases, but could also involve tourism sponsorships or security arrangements with local law enforcement.

The Mavericks are the most relevant example here because they inspired the legislation. In February, it was reported that the team skipped playing the anthem before 13 preseason and regular season home games. No one really noticed because fans weren't in the arena until the last of those games. On February 10, the NBA announced it would again enforce its long-standing rule requiring the anthem, and Texas Lt. Gov. Dan Patrick, also a Republican, vowed to make legislation requiring the anthem one of his top priorities.

Only two of Texas' 31 senators voted against the bill in April (with one absence), and on May 25 it passed the Texas House with a supermajority in favor.

A similar bill was signed into law in Louisiana on Monday that would require the playing of the national anthem before all sporting events at venues that were subsidized by state or local governments. That law, though, includes no criminal or financial penalties. Detractors of the legislation have wondered if the requirement would apply all the way down to Little League games or even pick-up basketball games played at public parks. The Wisconsin Assembly passed legislation nearly identical to the Louisiana law, but it has since sat dormant in the Wisconsin Senate for more than a month.

None of the bills say players or attendees have to stand for the anthem or even be in the area of play when the anthem is played, but the debate has clearly been inspired by Colin Kaepernick's kneeling and the subsequent protests of the last five years.

Supporters of the Texas law believe it will stand up to First Amendment scrutiny because it doesn't mandate the playing of the anthem and instead only requires it for teams that receive public dollars. State Rep. Dustin Burrows (R–Lubbock) said, "If they do not want to play the national anthem, they don't take the tax dollars." But the Supreme Court has, time and time again, set precedents that the government can't compel speech, even as a condition of doing business with the government.

"You can't make financial incentives or doing business conditioned on expressing a particular point of view," Amy Kristin Sanders, an attorney and a professor at the University of Texas at Austin's journalism school, tells Reason. "There's a line of Supreme Court cases that specifically address these kinds of issues.…Essentially what they say is it doesn't matter what the context is, the government can't tell people what they must say."

Case after case after case, some with traditionally liberal justices in the majority and others with conservatives in the majority, repeat this crucial precedent: "The government may not deny a benefit to a person on a basis that infringes his constitutionally protected…freedom of speech even if he has no entitlement to that benefit."

Sanders says the Louisiana and Wisconsin legislation were "not at all" more constitutional than the Texas law just because they don't have a criminal penalty.

It seems unlikely that any team will actually try to forgo the national anthem anytime soon (especially if even the NBA is still requiring it) and it could be years until a team makes a new financial agreement with the state or a local government that would include the required language under the Texas law.

But that doesn't mean the law won't have any effect. "The real problem with these kinds of laws once they get passed is then someone has to have the resources to challenge them in court," Sanders says. "Until someone challenges them in court and gets overturned, there's a chilling effect."

NEXT: Mom Won't Let Her Vaccinated 15-Year-Old Go to Summer Camp, and Slate Agrees

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90 responses to “States Move To Force Sports Teams To Play the National Anthem

  1. Ug. This culture war stuff is truly exhausting.

    1. States Move To Force Sports Teams To Play the National Anthem

      America stands for freedom, dammit!

      Wait.

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      1. Keep posting your looney conspiracy theories buddy.

        1. Fuck off leftie shitbag.

          1. Oh man, must’ve really ruffled your feathers snowflake.

        2. That retard was the first person I muted.

          1. And yet you’re sucking the cock of one of shreek’s sockpuppets. Color me fucking shocked.

          2. Oh noes, midwit eunuch muted me!
            Whatever shall I do???

            1. It’s interesting that you learned chipper muted you when he commentated that he muted you, in a thread started by you.

              Lefties have even failed with the mute function.

          3. Hahahahahahaha

        3. Like the Wuhan lab leak?

        4. Many democrat run cities do look like some dystopian sci-fi movie. NYC. Looks more and more like Escape From New York all the time. I even hear that from people I know who live there.

          But you’re too goddamned stupid to understand that.

          1. And I’m sure you’ve been to these cities too and seen the hellscape.

            I find it hilarious people say this and me, living in a democratic run city, have very little issues overall.

            But whatever makes you feel like you’re better than. You keep living in fantasy land.

            1. Come to Detroit for a firsthand look. And I’m not talking about the surrounding suburbs. The city itself. Outside of a few remaining pockets it’s a shithole.

            2. Sure you do. And I’ve seem Portland and Seattle. Portland has been a disaster for three years now. We should send troops in to capture antifa and/or kill them. They are a domestic terror and seditious guerrilla operation.

      2. I dunno about “many” but I drove through Camden the other day and wanted some chrome spray paint for my mouth.

    1. Seems like the kind of story a libertarian publication would be all over.

    2. Are you black Nardz? Someone said you were Romanian…

      1. Fuck off leftie shitbag.

        1. What makes you think I’m a lefty?

          1. Because all of the incoherent babbling bullshit you post is radically left wing and Marxist just like on all of your other socks, sarcasmic.

            1. Not sarc. Where have I posted Marxist shit?

              1. Here, and you always attack conservatives and libertarians while supporting progs. Plus you want to exterminate Mormons. Which is the sort of thing a prog would say.

                1. Criticizing people like you who put your boner for Trump above your own country doesn’t make me a “prog” or Marxist. It makes me a patriot for sticking up for our country to traitors like you!

                  Mormon are subhuman nazis. They deserve to die. It’s not political. It’s because they’re scum of the earth. They want to force their beliefs and lifestyle on everyone. The arrogance. Their religion has been discredited and they worship a bunch of pervs.

                  Cram it you Mormon loving traitor!

                  1. Fuck off squirrel.

                  2. Trump has been good for the country. Democrats are destroying it. Democrats and their suppliers must stop, or they should be destroyed.

                    Case closed.

    3. We all know the FBI is incapable of uncovering a plot they didn’t first put together themselves.

  2. Yaaaay, Nationalism!

    1. The First Amendment and Second Amendment not only make our country free. They also make our country better in those regards than other countries that don’t have them. Even other countries based on English common law don’t have the First Amendment and Second Amendment like we do. They’re a big part of what makes our country American.

      If you can’t see the difference between enthusiastic patriotism based on our individual rights, like those protected in the First and Second Amendments, and collectivist ideas like nationalism, then you should do some reading.

      1. Come on Ken, really? When I stand for the national anthem, I feel patriotic! When I’m told to stand for the national anthem, I feel like part of a nationalist gang! But hey, I’ll throw another quarter in the tax payer tip hat if it makes you happy.

        1. Oh, this is wrong. They shouldn’t be forced to do the national anthem against their will by the government. Hope that’s clear.

          However, there is a difference between patriotism and nationalism, and the distinction isn’t always appreciated.

          We can be damn patriotic without being nationalists. In fact, we can be damn patriotic about having defeated the Nationalists in battle.

          1. “We can be damn patriotic without being nationalists.”
            I agree but with all due respect Ken, can anyone really tell the difference anymore? I mean, with all the disrespectful ways the American flag has been designed, portrayed and displayed in recent years, whether it be a black and gray depiction, with a blue or red line on one of its stripes, oversized American flag dragging on the ground and hanging off a pole some hillbilly duct taped to the back of his truck, does anyone really really know the difference anymore?!

            1. Yes,

              “[Nationalism] aims to build and maintain a single national identity, based on shared social characteristics of culture, ethnicity, geographic location, language, politics (or the government), religion, traditions and belief in a shared singular history,[6][7] and to promote national unity or solidarity.”

              https://en.wikipedia.org/wiki/Nationalism

              You don’t need to buy into a collectivist, single identity in order to be patriotic–especially when we have something like the First Amendment, which specifically protects your freedom to not make us all have the same religion, etc. Patriotism and nationalism simply aren’t the same thing. Because you tear up at Arlington doesn’t mean you want everyone else to share your specific identity.

              When they purposely offend people’s patriotism at a football game in an attempt to score political points, the people booing them in the stands aren’t necessarily nationalists, and the people booing those who are purposely offending their sense of patriotism aren’t necessarily against the right of people on the field to offend their patriotism.

              The First Amendment says people have a right to offend our patriotism, and it says we have a right to boo them for it and give them the finger. This is all as it should be.

        2. I understand why they’re doing it. It’s a hedge against the cultural transformation that progs crave. Which is just a bandaid anyway.

          Nothing gets fixed while we have a surl,us supply of leftists. Their numbers must be reduced.

      2. Jfc, Ken. Is there no Republican idiocy you won’t enthusiastically defend?

        1. I’ve seen Ken criticize Republicans many times. Never seen you spit that Democratic cock out of your throat. Not once. Ever. Including when you spent 4 years humping the leg of Russian collusion conspiracy theories.

        2. If you think Ken was defending this, you might need to get your head examined.

          1. Reading comprehension is hard when you’re as dumb as chipper.

      3. Except that the constitution is a dead letter document. The State only hauls it out when they need it. This country is turning into a neo-USSR, with the full backing of both parties.

  3. This is simply a wedge issue, and we shouldn’t take the bait. There’s a reason why wedge issues like this work in places like Texas. If the people disgracing the national anthem were trying to offend people, even then, I feel for them but I can’t quite reach ’em.

    The point of a provocative protest is to provoke an official response. You knelled down to provoke a response. Now you’ve got one, and it’s time to stand up for your right to disgrace the national anthem–in Texas. Will the Democrats, progressives, and social justice warriors rise to defend disparaging the national anthem in Texas?

    November of 2022 can’t come soon enough.

    1. I guess that’s about the only interesting thing here…the amount of time it takes for some SJW to all this racist and look even stupider than Abbott.

      Probably has already happened. Should I guess wait for a blue checkmark to do it.

      Well, that probably has already happened too.

      1. They absolutely want to be attacked for this. You can’t buy the kind of positive advertising you get for being denounced by SJWs for championing the national anthem in Texas.

        This is like when Peta sues the California Dairy Association for false advertising in the campaign, “Good cheese comes frm happy cows, and happy cows come from California”, claiming that the cows aren’t really happy.

        Yeah, a lot of people think Peta is stupid when the media picks up the story, but they aren’t trying to appeal to everybody. They’re trying to get animal rights people to donate money to Peta. Making the California Dairy Association denounce them in the press is the best PR they could possibly get. No way they could afford to buy that kind of advertising.

        It’s the same thing here.

        They don’t even need to pay journalists like Jason Russell to carry their water for them. They just propose violating the First Amendment in support of the national anthem, and an army of journalists all over America spread their message for them for free!

        Ronald Reagan did this, but in his version, he campaigned on a constitutional Amendment to ban flag burning. I mean, if you can get the press to denounce you for being against flag burning, in favor of Christmas, and liking pizza and beer? Your campaign is off to a good start.

        1. All well taken points KS, but wow, my head is about to explode trying to get just how much all of this is just about manipulation of PR. I think you’re right, but it just hurts to see how low people will sink (on both sides) and the risks they will take with structure of the Republic just to gain a couple of points. Most of it seems not even to be about sincere beliefs, but about power grabs.

  4. United States v. American Library Association, 539 U.S. 194 (2003), was a decision in which the United States Supreme Court ruled that the United States Congress has the authority to require public schools and libraries receiving E-Rate discounts to install web filtering software as a condition of receiving federal funding. In a plurality opinion, the Supreme Court ruled that: 1.) public libraries’ use of Internet filtering software does not violate their patrons’ First Amendment free speech rights; 2.) The Children’s Internet Protection Act is not unconstitutional.

  5. Playing the anthem is dumb.

    It’s a football game. Not a goddamn patriotic rally or anything.

    If players want to kneel that’s fine.

    If people don’t watch because of kneeling that’s fine. The NFL will be fine without a few inbred racists watching.

    1. Fuck off leftie shitbag.

      1. The first time you posted it I didn’t know what to make of it, but you really got thru to me this time…

        1. It was pretty self explanatory if you’re not shitfaced blind drunk, sarcasmic.

          1. It was a joke you brain moron

            1. Your bad jokes are still bad, sarc.

    2. The NFL will be fine without a few inbred racists watching.

      Hate to break it you sarcasmic, but the guys you suck off in the glory hole at the rest stop aren’t exactly the demographic for American football.

      1. The demographic is football fans. If SEC and B1G hillbillies wanna boycott and watch their shitty college teams the NFL will be fine.

        B1G fans are worse than SEC fans because outside of Ohio State the B1G sucks. Fucking redneck Wisconsin fans are the worst.

  6. Reason getting its panties in a twist over playing the national anthem. Great stuff. Never mind dirtbag scum on the left pushing mindless ideology in public schools, shaming companies to do the same, never mind our senile president giving Putin what he wants, let’s talk about this nothing burger of playing the anthem.

    1. Libertarians plan to die on the hills of banning the national anthem, forcing radical racism to be taught in public schools and allowing 8 year olds to chop their dicks off.

      1. Who the fuck said anything about “banning” you delusional prick! But hey, if you love having things crammed down your throat then more power to you.

  7. Live by the sword, die by the sword. Pro sports suck off the government teat like big dogs and they expect all that milk to be free? Getting favors from the government is like getting a favor from Tony Soprano – sooner or later they’re going to ask that you repay the favor and when they ask you they’re not really asking. It’s how they get you.

    It’s like with universal health care – the government generously offers to pay for all your healthcare needs but now that the government is so generously picking up the tab, we need to have a talk about your smoking and your drinking and exactly how many bags of potato chips you eat in an average week and how many hours of cardio work you put in at the gym. Here, have some broccoli to snack on while we discuss your overall fitness.

  8. If modern Republicans have established a noteworthy track record in any aspect of electoral politics, it involves being the sorest of all losers. Whenever their presidential nominee loses, you can count like clockwork on the GOP-dominated states starting to talk about seceding from the union, and the red counties in blue states start agitating to secede from those states.

    It happened in 2009 after Barack Obama’s election victory over John McCain and again in 2012 after Obama won reelection. Now, as Tess Owen reports at Vice, it’s happening all over again following Donald Trump’s 2020 election loss, with the usual helping hand from the far-right extremists who always concoct these schemes in the first place.

    Leading the way once again is Texas, where Republican legislators filed a bill creating a referendum election on whether Texans should create a joint legislative committee “to develop a plan for achieving Texas independence.” Its advocates call the secession movement “Texit,” and as Owen reports, it’s gaining steam not just in the Lone Star State but elsewhere as well.

    Texas GOP Chairman Allen West is stoking those fires. In December, following the Supreme Court’s ruling knocking down Trump’s post-election lawsuits, West issued a statement calling for the state to leave the union.

    “Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution,” West said. “The Texas GOP will always stand for the Constitution and for the rule of law even while others don’t.”

    “I am sick to my stomach watching what is happening to our country,” wrote a commenter on the NRA’s Facebook page. “As a Texan, I find myself supporting HB1359 (for secession) … At any other time I would have said absolutely not, but I find that harder to say.”

    1. Texans are not alone.

      In Mississippi, a Republican legislator named Price Wallace tweeted his view that the state ought to “succeed [sic] from the union and form our own country” (and then apologized for it).In Wyoming, state GOP Chairman Frank Eathorne told an interviewer that residents of his state may well follow in Texas’ footsteps: “Many of these Western states have the ability to be self-reliant, and we’re keeping eyes on Texas too and their consideration of possible secession,” he said. “Now, they have a different state constitution than we do as far as wording, but it is something that we’re all paying attention to.”In Florida, county-level Republican leaders have talked up secession while spreading disinformation about the election and promoting QAnon conspiracy theories. One poll found that 53 percent of southwestern Floridians are open to the idea of state secession.

      A survey by Bright Line Watch found that 35 percent of Republicans and 37 percent of independents favored secession from the union to form a new regional union with like-minded states; the proposal was particularly popular among Southern Republicans at 50 percent support. It also found that only 22 percent of Republican voters had confidence in the fairness of national elections.

      The “Texit” movement is being monitored enthusiastically online by a variety of far-right partisans, as Owen observes. “SECESSION OR DEATH,” commented a chat participant at the conspiracist MAGA message board patriot.win. “These are your only options. The ammo box is necessary.”

      However, much of the secession talk in Texas fell silent after the state was rendered without power during a severe snowstorm in February—mainly due to the overpowering reality that the state’s need for assistance outside its borders was intense for the weeklong crisis and well afterwards.

      The secession movement is closely connected with the same ideologues who promoted the January 6 insurrection at the U.S. Capitol. In its aftermath, a number of extremist groups—including militiamen and QAnon fanatics—have been forging alliances with the intention of forming an antidemocratic insurgency under a Democratic presidency.

      Similar, more regionalized far-right secession movements have been gaining momentum as well. In Oregon, voters in five rural counties will cast ballots on an initiative to secede from Oregon and join the state of Idaho. The new state would be called “Greater Idaho.”

      https://www.nationalmemo.com/republican-secession

      1. ROFL. Why not just link directly to the source of the article, Jakie?

        Reprinted with permission from Daily Kos

        It’s not National Memo is any more credible.

    2. Republicans wrapping themselves in flag when it’s convenient. Shallow hollow patriotism. The pledge of allegiance is what the Democrats should demand from these traitors.

      1. RESIST!
        NOT MY PRESIDENT!

        Uh, wait… I mean… Uhhhhhh… LUB IT OR LEEB IT!!!!!!!!!!!!!!!!!!!!!!!!!

    3. Obama’s win was different. Obama broke the conservatives. They haven’t recovered since. They can feel the whiteopia slipping from their fingers.

      1. It’s way crazier than racism. If only it were that. They would lose practically every election. It’s something more primitive than racism which is a hell of a thing to say. The actions of Republicans today explain why people were burned alive as witches yesterday.

        1. If only Republicans had the measured stability of Democrats who openly called for riots and bloodshed in the year running up to the election.

        2. Yeah, nothing says open and tolerant like trying to ruin people’s lives for having a different opinion than you or muting an unpersoning anyone to the right of Mao.

      2. Lol. Yeah it’s conservatives that are broken, not you who is still humping Trump’s leg after he’s been out of office for half a year after you spent 4 years histrionically screeching about Russian election hacking.

      3. It was Obama’s *re*-election that really broke Team Red.
        They could rationalize themselves about why he won in 2008 – the economy was in the crapper, Bush was really unpopular, McCain was a terrible candidate, it’s really hard for the same party to win three elections in a row even under good circumstances, Obama had a lot of charisma and he was an unknown with a very thin record to run on, etc. But in 2012 when the economy was doing much better, Obama had an actual track record, ObamaCare was looking like an anchor around his neck, and he STILL won? That was when they started to believe en masse that the country was being hijacked from underneath them. There is NO WAY that authentic Americans would EVER vote for Obama. It HAD to be subterfuge or malfeasance or some vast seditious conspiracy or some such. Even now they cannot confront America as it actually is, they must wall themselves off from the rest of the world, create their own right-wing reality bubble, where Trump is the “rightful president” and Newsmax is “hard news”, where teachers are teaching CRT to 8-year-olds and Democrats are seditious traitors. That is when the victimhood narrative really kicked into overdrive.

        1. Normal Republicans and Libertarians knew why Obama won in 2012: Mitt Romney was an unlikable douche who basically oversaw Obamacare in his “home” state. The Republicans couldn’t have picked a worse candidate unless they had given McCain another shot.

        2. > It was Obama’s *re*-election that really broke Team Red.

          The cracks started long before that. The hyper partisanship (defined by outright hatred of members of the other party) started back when I was in college a bazillion years ago. Academia and the Press were always highly skewed towards the liberal Democrats, but it was Reagan’s election when they started wearing their partisanship openly on their sleeves. My university commencement speaker was Howard Zinn, and he droned on for an hour about how we graduates were all going to die a horrible death because of Reagan. There was so much pants shitting going on at the time that it become commonplace to shit ones pants whenever the other party won an election. EVERY election became a referendum on civilization itself. Both sides.

          The Republicans reacted in kind with the rise of AM Talk Radio and then FOX News. Understandable reactions, of course, but it led to the divide in sources of information. Gone were the ostensibly neutral Big Three networks and national newspapers, now people could get their bias of choice. That’s where the bubbles started.

          From there is just grew. Social media was perhaps the last straw. It enforced the bubbles and made them airtight. The GOP broke because the idea of coalitions were no longer acceptable, and when the populists became ascendant all the other factions got kicked to the curb if they wouldn’t pledge undying fealty to the new order. The Democrat Party also broke, it’s been taken over by the Woke brand of progressivism, and all must pledge undying fealty to that religious doctrine.

          2024 is going to be yet another referendum on civilization itself, but it’s going to be two broken parties facing each other, parties lacking any coherent policies beyond “punish the other guy”. If we don’t change the republic itself is doomed.

          A democracy that abhors democracy cannot survive as a democracy.

    4. They do that every legislative season or so.

      In short, you’re a fucking idiot.

    5. > It happened in 2009 after Barack Obama’s election victory over John McCain and again in 2012 after Obama won reelection.

      No to engage in Whataboutism, but it happened in 2000 after Gore lost to Bush. The demand to keep counting until Gore lost was the start of this anti-democracy trend. Also don’t forget the massive blame shifting from Hillary in 2016. It was all Russia’s fault, in collusion with Facebook. Never mind the fact that she utterly neglected to campaign in swing states.

    1. What a parade of assholes Biden and his family are.

      Hard to imagine a time when Billy Carter was considered a serious political liability.

  9. I personally think playing the national anthem before a pro game is irrelevant BUT if you want the govt’s money.. Also where was reason when woke college coaches MADE players kneel? “Well that’s different”…really Reason?

    1. It’s traditional. So are tax dollars going to private organizations. Of the two, the government sending my taxes to football teams is far more offensive than the bad singing.

  10. The national anthem should be sung loudly by everyone. Unless they sing off-key and then they should whisper it. But first they should sing it loud.

    What is missing from this law is the requirement that all four stanzas be sung. With penalties for anyone who can’t sing all the lyrics to all the stanzas. And it should be repeated until everyone gets it right.

    A lot of people died to give us the freedom to sing the national anthem loudly and with great vigor. They didn’t die so we could forget three of the stanzas.

  11. Well, Jason, try to get the headlines right.
    The story makes it clear that no force is involved. The various governments are giving massive corporations a simple choice; play the anthem, or forgo unneeded tax dollars in the form of stadium subsidies. Since many patriotic Americans are boycotting professional sport leagues anyway due to stances in support of totalitarian, genocidal regimes like Communist China, or because of support for Marxist organizations that support elimination of the two parent heterosexual family, what should be done is eliminate all government subsidies, include exemption for certain anti-trust laws.

  12. Symbols! Symbols! We need more pointless symbols! And not just any symbols, but the correct symbols to broadcast our solidarity with the symbolism!

  13. The late Ray Charles tried his best to get the national anthem changed to America the Beautiful. A far better song. We should have done that.

    Also get rid of daylight savings time, go metric, and we do not need pennies.

    Hmphhh

    1. It’s way past time for DST to go.
      Pennies are pointless. Dimes and nickels too. Round everything to the nearest quarter.

      Scientists already use the metric system, because it is international. The English system is superior for everyday use, because the units are more intuitive. People can pictures halves and fourths and eighths. You can’t really picture a tenth accurately.

  14. Also I dunno about stadiums. Yes the local government puts in a lot but go to a major league game. Money is pouring out of pockets as fast as it can go. If the city can’t recoup the outlay plus in sales and other taxes and fees then they do not know what they are doing.

    It has nothing to do with flags and anthems.

  15. Not the preseason games, please. Don’t dignify them.

  16. seriously dude flag laws were the top of the list today?

  17. this sportsmanship looks nice and we expect it more

  18. this was transferred from Mac to Widows in few seconds https://transmac.xyz/

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