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AbortionAbortion

What are some of the What are some of the moral issues abortion moral issues abortion

brings up?brings up?

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How is the issues of How is the issues of abortion and embryonic abortion and embryonic

stem cell research stem cell research related?related?

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Most “extra” embryos are Most “extra” embryos are destroyeddestroyed

How does this relate How does this relate reproductive technologies reproductive technologies and the abortion issues?and the abortion issues?

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Some FactsSome Facts1.5 – 1.8 Million abortion 1.5 – 1.8 Million abortion

performed each year in the U.S.performed each year in the U.S.

11,000 per year after 20 weeks11,000 per year after 20 weeks

Partial Birth AbortionsPartial Birth Abortions

3%-5% for rape, incest, life of 3%-5% for rape, incest, life of mothermother

97-95% for birth control97-95% for birth control

+55,000,000 since Roe v. Wade+55,000,000 since Roe v. Wade 5

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Roe v. WadeRoe v. Wade 19731973

Granted women the right to have Granted women the right to have an abortion according to the tri-an abortion according to the tri-

mester systemmester system

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RoeRoe Norma McCorveyNorma McCorvey

Unmarried pregnant woman Unmarried pregnant woman denied an abortion under Texas denied an abortion under Texas

State LawState Law

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WadeWade Henry WadeHenry Wade

District Attorney of Dallas District Attorney of Dallas County County

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Majority OpinionMajority Opinion Justice Harry BlackmunJustice Harry Blackmun

7 to 2 Opinion7 to 2 Opinion

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Historical PrologueHistorical Prologue For most of the U.S. historyFor most of the U.S. history

(Signing of Constitution – late (Signing of Constitution – late 1919thth Century Century

Women enjoyed greater freedom Women enjoyed greater freedom to terminate their pregnancyto terminate their pregnancy

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3 Reasons why this changed 3 Reasons why this changed in 19in 19thth Century Century

1. Laws were product of Victorian 1. Laws were product of Victorian MoralityMorality

2. Concern for abortion being 2. Concern for abortion being medical proceduremedical procedure

3. Interest in protecting 3. Interest in protecting potential lifepotential life

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Right to PrivacyRight to Privacy Constitution does not explicitly Constitution does not explicitly

mention any right to privacymention any right to privacy

Court has recognized right of Court has recognized right of personal privacy or a guarantee personal privacy or a guarantee

of certain area or zones of of certain area or zones of privacyprivacy

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Union Pacific R. Co. V. Bostford Union Pacific R. Co. V. Bostford (1891)(1891)

Griswold v. Connecticut (1965)Griswold v. Connecticut (1965)Estelle Griswold Estelle Griswold

Executive Director of the Planned Executive Director of the Planned Parenthood League of ConnecticutParenthood League of Connecticut

violated Connecticut State law violated Connecticut State law prohibiting issuing contraceptionprohibiting issuing contraception

99thth Amendment Amendment

The enumeration in the The enumeration in the Constitution, of certain rights, Constitution, of certain rights, shall not be construed to deny or shall not be construed to deny or disparage others retained by the disparage others retained by the people.people.

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99thth Amendment Amendment Rights not mentioned in Rights not mentioned in Constitution are retained by Constitution are retained by

peoplepeople

1414thth Amendment Amendment Passed by Congress June 13,

1866.

Ratified July 9, 1868.

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Section 1Section 1All persons All persons born or naturalizedborn or naturalized in the United in the United

States, and subject to the jurisdiction States, and subject to the jurisdiction thereof, are citizens of the United States thereof, are citizens of the United States and of the State wherein they reside. No and of the State wherein they reside. No State shall make or enforce any law which State shall make or enforce any law which shall abridge the privileges or immunities shall abridge the privileges or immunities of citizens of the United States; nor shall of citizens of the United States; nor shall any State deprive any any State deprive any personperson of life, of life, liberty, or property, without due process of liberty, or property, without due process of law; nor deny to any law; nor deny to any personperson within its within its jurisdiction the equal protection of the jurisdiction the equal protection of the laws.laws.

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Section 2Section 2Representatives shall be apportioned Representatives shall be apportioned

among the several States according among the several States according to their respective numbers, to their respective numbers, counting the whole number of counting the whole number of persons in each Statepersons in each State, excluding , excluding Indians not taxed…Indians not taxed…

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““Persons” Persons” Court concluded that the word Court concluded that the word “persons” in the 14“persons” in the 14thth Amendment Amendment

does not include the unborndoes not include the unborn

Court did not determine when Court did not determine when life beginslife begins

1414thth Amendment Amendment The right of privacy in the 14The right of privacy in the 14thth

Amendment’s concept of Amendment’s concept of personal liberty and restrictions personal liberty and restrictions upon state action is broad upon state action is broad enough to encompass a woman’s enough to encompass a woman’s decision whether or not to decision whether or not to terminate her pregnancyterminate her pregnancy

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Right to PrivacyRight to Privacy Court concluded that it is Court concluded that it is

NOT ABSOLUTENOT ABSOLUTE

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Tri-mester SystemTri-mester System

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First Tri-mesterFirst Tri-mesterCompelling PointCompelling Point::

Legitimate interest in the health Legitimate interest in the health of the motherof the mother

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ReasoningReasoning Abortion during this time has Abortion during this time has lower mortality rate than normal lower mortality rate than normal

childbirthchildbirth

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Who Decides:Who Decides: Woman & PhysicianWoman & Physician

State can only regulate who and State can only regulate who and where abortion can be performedwhere abortion can be performed

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Second Tri-mesterSecond Tri-mester Same as First tri-mesterSame as First tri-mester

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Third Tri-mesterThird Tri-mester Compelling PointCompelling Point::

State has legitimate interest in State has legitimate interest in protecting potential lifeprotecting potential life

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ReasoningReasoning ViabilityViability

When fetus can survive outside of When fetus can survive outside of the motherthe mother

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Who Decides:Who Decides: Woman & PhysicianWoman & Physician

But state can regulate and even But state can regulate and even prohibit abortion except for prohibit abortion except for

““Health of Woman” Health of Woman” concernsconcerns

Doe v. Bolton 1973Doe v. Bolton 1973 Sandra CanoSandra Cano 22 year old married woman in 22 year old married woman in

Georgia living in povertyGeorgia living in poverty 9 weeks pregnant9 weeks pregnant Had 3 childrenHad 3 children

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2 placed in foster homes2 placed in foster homes Youngest placed up for adoptionYoungest placed up for adoption Husband recently abandoned Husband recently abandoned

her, however they were now her, however they were now reconciledreconciled

She was living with her parents She was living with her parents and their 8 childrenand their 8 children

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Abortion Committee of Grady Abortion Committee of Grady Memorial Hospital in Atlanta Memorial Hospital in Atlanta

denied her request for a denied her request for a therapeutic abortion therapeutic abortion

on the grounds that her situation on the grounds that her situation did not meet their requirements did not meet their requirements

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Doe v. Boulton (1973)Doe v. Boulton (1973) Defined “health concerns”Defined “health concerns”

As:As:

PhysicalPhysicalEmotionalEmotionalEconomicEconomicFamilial Familial

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Dissenting OpinionDissenting Opinion Judge Byron WhiteJudge Byron White

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3 Concerns3 Concerns 1. Abortion used as birth control1. Abortion used as birth control

2. Abortion used as convenience2. Abortion used as convenience

3. Federal Government’s 3. Federal Government’s intrusion into State’s Rightsintrusion into State’s Rights

Planned Parenthood v. Planned Parenthood v. CaseyCasey

19921992

Shifted from strict “health of the Shifted from strict “health of the woman concerns”woman concerns”

To “not unreasonable To “not unreasonable restrictions” on abortionsrestrictions” on abortions

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The Supreme Court for now has ordered Texas not to enforce a The Supreme Court for now has ordered Texas not to enforce a law that had effectively shut down several clinics that provide law that had effectively shut down several clinics that provide abortions. The court's order means those clinics can reopen abortions. The court's order means those clinics can reopen immediately. immediately.

The restrictions had gone into effect in recent days, but a number The restrictions had gone into effect in recent days, but a number of abortion rights supporters then asked the justices to intervene of abortion rights supporters then asked the justices to intervene on an emergency basis.on an emergency basis.

The 6-3 order Tuesday from the high court was a setback for the The 6-3 order Tuesday from the high court was a setback for the law's backers.law's backers.

A ruling by a federal appeals court earlier this month gave Texas A ruling by a federal appeals court earlier this month gave Texas the green light to move forward on the mandate requiring all the green light to move forward on the mandate requiring all abortion clinics in the state be "ambulatory surgical centers," abortion clinics in the state be "ambulatory surgical centers," regulated under the same standards as hospitals. Another regulated under the same standards as hospitals. Another challenged provision would force doctors performing abortions to challenged provision would force doctors performing abortions to first obtain admitting privileges at a nearby hospital.first obtain admitting privileges at a nearby hospital.

Abortion rights groups said 13 reproductive health clinics were Abortion rights groups said 13 reproductive health clinics were forced to immediately close after the court ruling, leaving all but forced to immediately close after the court ruling, leaving all but eight still operating.eight still operating.

The high court's action would only have temporary effect, until The high court's action would only have temporary effect, until more appeals can be filed on the larger questions of the Texas more appeals can be filed on the larger questions of the Texas law's constitutionality. That process may take several months, at law's constitutionality. That process may take several months, at least, to resolve at the appeals court level.least, to resolve at the appeals court level. 37

Current State LawsCurrent State Laws http://www.guttmacher.org/statecen

ter/spibs/spib_OAL.pdf

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Partial Birth AbortionsPartial Birth Abortions The The Partial-Birth Abortion Ban Act of 2003Partial-Birth Abortion Ban Act of 2003

enacted November 5, 2003, prohibits a form of enacted November 5, 2003, prohibits a form of late-term abortion that the Act calls " that the Act calls "partial-birth abortion

Under this law, "Any physician who, in or affecting Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more shall be fined under this title or imprisoned not more than 2 years, or both." than 2 years, or both."

The law was enacted in 2003, and in 2007 its The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme constitutionality was upheld by the U.S. Supreme Court, in the case of Court, in the case of Gonzales v. Carhart..

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Conservative PositionConservative Position John NoonanJohn Noonan

New Human Life begins at the New Human Life begins at the moment of conceptionmoment of conception

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How do you determine the How do you determine the humanity of a being?humanity of a being?

Noonan considers possible Noonan considers possible answersanswers

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How about viability?How about viability?

Problem:Problem:

Depends upon current state of Depends upon current state of technologytechnology

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How about experience?How about experience? Embryo experiencesEmbryo experiences

Fetus responsive to touch after 9 Fetus responsive to touch after 9 weeksweeks

What about amnesia?What about amnesia?

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Sentiments of adults?Sentiments of adults? Feelings changeFeelings change

Can lead to Discrimination Can lead to Discrimination

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Member of Society ?Member of Society ? Can lead to Can lead to

RacismRacismand and

DiscriminationDiscrimination

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Noonan argues that this Noonan argues that this determination must be based determination must be based

upon inalienable human rightsupon inalienable human rights

Alienable Rights Alienable Rights Rights that can be taken away Rights that can be taken away

from youfrom you

Inalienable RightsInalienable Rights Right that can not be taken away Right that can not be taken away

from youfrom you

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Noonan also argues:Noonan also argues: All moral judgments must be All moral judgments must be based upon a moral distinctionbased upon a moral distinction

A real difference in possibilities A real difference in possibilities and probabilitiesand probabilities

Example: Murder v. Self DefenseExample: Murder v. Self Defense

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The best distinction regarding The best distinction regarding when a new human life begins is:when a new human life begins is:

CONCEPTIONCONCEPTION

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ConceptionConception All the genetic material present All the genetic material present

for new human beingfor new human being

46 chromosomes 46 chromosomes

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ConceptionConception Represents the greatest shift in Represents the greatest shift in

probabilities and possibilitiesprobabilities and possibilities

PP __ __ DeathDeathO __O __S S __ __ SS __ __ Graduate H.SGraduate H.SI __I __BB __ __ BirthBirthI __I __LL __ __ ViabilityViabilityII __ __TT __ Conception __ ConceptionY __Y __

____

TIMETIME TIMETIME TIMETIME

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Justified Abortion?Justified Abortion? Only for Self-DefenseOnly for Self-Defense

When the mother’s life is in When the mother’s life is in dangerdanger

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Not justified for:Not justified for: RapeRape

IncestIncest

Unwanted PregnancyUnwanted Pregnancy

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Principle of Double Principle of Double EffectEffect

Good Intended ConsequencesGood Intended Consequences

Bad Unintended ConsequencesBad Unintended Consequences

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Liberal PositionLiberal Position Mary Anne WarrenMary Anne Warren

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2 Senses of Human 2 Senses of Human Being / PersonBeing / Person

1. Biological1. Biological

2. Moral2. Moral

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Moral sense is most important in Moral sense is most important in the abortion issuethe abortion issue

Focuses on specific Focuses on specific characteristics that define what characteristics that define what

it means to be a it means to be a ““Human Being”Human Being”

““Person”Person”

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Moral CommunityMoral Community The set of beings with full moral The set of beings with full moral

rightsrights

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What characteristics must What characteristics must these beings have to these beings have to

possess full moral rights?possess full moral rights?

The 5 Personhood The 5 Personhood CharacteristicsCharacteristics

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1. Consciousness1. ConsciousnessOf objects and events external Of objects and events external and/or internal to the being, and and/or internal to the being, and in particular the capacity to feel in particular the capacity to feel

painpain

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2. Reasoning2. Reasoning The developed capacity to solve The developed capacity to solve

new and relatively complex new and relatively complex problemsproblems

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3. Self-Motivated Act3. Self-Motivated Activityivity Activity which is relatively Activity which is relatively

independent of either genetic or independent of either genetic or direct external controldirect external control

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4. The Capacity to 4. The Capacity to CommunicateCommunicate

By whatever means, messages of By whatever means, messages of an indefinite variety of types, an indefinite variety of types,

that is, not just with an indefinite that is, not just with an indefinite number of possible contents, but number of possible contents, but

on indefinitely many possible on indefinitely many possible topicstopics

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5. The Presence of Self-5. The Presence of Self-ConceptsConcepts

Self awareness, either individual Self awareness, either individual or racial, or bothor racial, or both

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Only being with these Only being with these characteristics arecharacteristics are

Members of the moral Members of the moral community community

And have full moral rightsAnd have full moral rights

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Fetal Development and Fetal Development and the Right to Lifethe Right to Life

Does the fact of fetal Does the fact of fetal development give the fetus a development give the fetus a

right to life?right to life?

NO!NO!

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Potential Personhood andPotential Personhood and the Right to Life the Right to Life

Does the fact that fetuses are Does the fact that fetuses are potential persons give them a potential persons give them a

right to life?right to life?

NO!NO!

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ConclusionConclusion

Fetus is not a person with full Fetus is not a person with full moral rights, therefore abortion moral rights, therefore abortion

under any circumstances is under any circumstances is morally permissiblemorally permissible

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Postscript on InfanticidePostscript on Infanticide Infanticide is Not ImmoralInfanticide is Not Immoral

But it is Indecent But it is Indecent

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Indecent because:Indecent because: 1. There are people willing to 1. There are people willing to

care for infantscare for infants

2. Society is will to support 2. Society is will to support orphanagesorphanages

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Moderate PositiModerate Positionon Judith Jarvis ThomsonJudith Jarvis Thomson

19711971

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Question?Question? Granted that the fetus is a Granted that the fetus is a person with full moral rights person with full moral rights

from the moment of conception, from the moment of conception, are there any circumstances are there any circumstances where it would not be unjust to where it would not be unjust to

kill it?kill it?

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Justified AbortionJustified Abortion 1. Self-Defense1. Self-Defense

2. Rape2. Rape

3. Incest3. Incest

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ExamplesExamples

Society of Violin LoversSociety of Violin Lovers

Trapped in a Tiny House with a Trapped in a Tiny House with a rapid Growing Childrapid Growing Child

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Coat ExampleCoat Example

Smith and JonesSmith and Jones

Jones takes the coat that Smith Jones takes the coat that Smith ownsowns

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Fetus dependent upon Fetus dependent upon MotherMother

Most people argue that this fact Most people argue that this fact gives the mother a stronger claim gives the mother a stronger claim over the fetusover the fetus

But what about the idea that But what about the idea that because the fetus IS DEPENDENT because the fetus IS DEPENDENT upon the mother this gives the upon the mother this gives the fetus a stronger claimfetus a stronger claim

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Burglar ExampleBurglar Example

With Bars on WindowsWith Bars on Windows

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Good SamaritanGood Samaritan Continues pregnancy as result of Continues pregnancy as result of

rape, incest and if mother’s life rape, incest and if mother’s life is in dangeris in danger

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Minimally Decent Minimally Decent SamaritanSamaritan

Continues with pregnancy for all Continues with pregnancy for all other reasonsother reasons

Unwanted pregnancyUnwanted pregnancy Birth ControlBirth Control

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Right to LiRight to Lifefe The Right not to be Killed The Right not to be Killed

UnjustlyUnjustly

Does not mean:Does not mean: The right not to be killed under The right not to be killed under

any circumstancesany circumstances

Group DiscussionGroup Discussion 1. What are your views on 1. What are your views on

abortion?abortion?

2. When do you think a new 2. When do you think a new human life begins?human life begins?

3. When do you think a new 3. When do you think a new human person begins?human person begins?

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““Does Doctor Know Does Doctor Know Best?”Best?”

Google: “Ethics in America”Google: “Ethics in America” The first entry: The first entry: Resource: Ethics in America - LearnerResource: Ethics in America - Learner www.learner.org/resources/series81.html Click the (VoD )box on far right “Does Doctor Know Best?” Click again on next screen Video will come up

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