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No, I am not.
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The gulf is not as large as you make out.
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Which category the example under question lands in is debatable, and may not be a constant across all people.
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Neither are particularly easy to prove in a court of law, which makes them questionable standards on which to base legislation.
Donald Jahraus was a man who sewed the whirlwind, though. (He worked on the special effects team for The Wizard of Oz and made that nifty twister out of a new-fangled nylon stocking.)