Supreme Court to rule on California's Prop. 8 ban on gay marriage

The Supreme Court announced Friday it will rule for the first time on same-sex marriage by deciding the constitutionality of California’s Proposition 8, the voter initiative that limited marriage to a man and a woman.

The justices also said they would decide whether legally married gay couples have a right to equal benefits under federal law.

The California case raises the broad question of whether gays and lesbians have an equal right to marry.

FULL COVERAGE: The battle over gay marriage 

If the justices had turned down the appeal from the defenders of Prop. 8, it would have allowed gay marriages to resume in California, but without setting a national precedent.

Now, the high court has agreed to decide whether a state’s ban on same-sex marriages violates the U.S. Constitution. The court’s intervention came just one month after voters in three states — Maine, Maryland and Washington — approved gay marriages. This brought the total to nine states having legalized same-sex marriages. 

But the justices also left themselves a way out. They said they would consider whether the defenders of Prop. 8 had legal standing to bring their appeal.

The justices made the announcement after meeting behind closed doors. They did not say which justices voted to hear the appeals.

Last year, the U.S. 9^th Circuit Court of Appeals struck down Prop. 8, but it did so on a narrow basis. Judge Stephen Reinhardt reasoned that the voter initiative was unconstitutional because it took away from gays and lesbians a right to marry that they had won before the state Supreme Court.

The justices now will have at least three options before them: They could reverse the 9^th Circuit and uphold Prop. 8, thereby making it clear that the definition of marriage will be left to the discretion of each state and its voters.

They could rule broadly that denying gays and lesbians the fundamental right to marry violates the Constitution’s guarantee of equal protection of the laws. Such a decision would open the door to gay marriages nationwide.

Or as a third option, they could follow the approach set by the 9^th Circuit and strike down Prop. 8 in a way that limits the ruling to California only.

In the other gay-marriage cases, the court will decide the constitutionality of part of the Defense of Marriage Act  that denies federal benefits to legally married couples. Judges in New England, New York and California have ruled this provision unconstitutional.

The justices are expected to hear arguments in the two sets of gay marriage cases in March and issue decisions by late June.

FULL COVERAGE: The battle over gay marriage 

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‘Post-PC’ is more than just marketing buzz for Apple CEO Tim Cook

Apple (AAPL) is no stranger to ditching technologies when it deems them to no longer be useful. The company dropped the floppy disk for a CD-ROM drive on the first iMac and most recently has shifted to building MacBooks and iMacs without any physical disc drives. In his first televised interview on NBC’s Rockcenter with Brian Williams, Apple CEO Tim Cook revealed that he has “ditched physical keyboards” now that he spends 80% of his time using his iPad “authoring email” and “working on things.” Cook says he’s gotten quite good at typing on the screen and advises people to trust auto-correction as it’s “quite good” — though it’s a feature we still blast iOS for some five years after the first iPhone launched. But what does it mean when the boss of the country’s most valuable company and the most revered technology company in the world doesn’t even use physical keyboards anymore? Perhaps the “post-PC” era will become mainstream sooner than we thought.

For years, Apple has touted the idea that we’re entering the “post-PC” era – a period when touchscreen-equipped smartphones and tablets will eclipse desktops, notebooks and complex operating systems as they slowly fade away into a niche reserved for professionals.

While there will still be a need for notebooks, Windows PCs and Macs, the increasing numbers of smartphones and tablets sold and continued decline of worldwide PC sales support Apple’s claim that mobile is where the next tech battleground is, even if Microsoft (MSFT) thinks otherwise.

The term “dogfooding” is often thrown around between tech blogs and Cook is doing exactly that — using his “own product to demonstrate the quality and capabilities of the product.”

As Steve Jobs once said, Apple only builds products its own engineers and designers would use themselves.

Cook’s not saying, “iPads are great” for some people and some tasks. The fact that Cook uses his iPad for 80% of his work and an iPhone all the time suggests he and Apple are serious about this post-PC era. Apple wants iPads and iPhones to be great for all of your computing needs.

Apple is serious enough about it that the big boss has shifted his habits from old-school typing on actual keyboards to using virtual keyboards. And for all we know, Cook could be using even more natural human interfaces such as more voice recognition (ex: Siri in iOS and built-in dictation in OS X Mountain Lion).

Will physical keyboards go the way of the dodo in the next handful of years? It’s doubtful, but don’t be surprised if you see fewer and fewer offices with QWERTY keyboards attached to PCs and more desks and execs just carrying tablets and a smartphone on the side.

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Long-sealed Notorious B.I.G. autopsy released

LOS ANGELES (AP) — An attorney for the family of Notorious B.I.G. said Friday it's ridiculous that Los Angeles police have not arrested anyone for the rapper's 1997 killing, which has returned to the spotlight after coroner's officials released a long-sealed autopsy report.

The report revealed that injuries cause by a single bullet killed the rapper, whose real name was Christopher Wallace, during a drive-by shooting in March 1997. Wallace was hit by four bullets after leaving a music industry event, but one that hit his heart, left lung and colon caused his death, the 23-page report states.

Perry Sanders Jr. said he was not given any notice that the report would be released, and he criticized police for not closing one of Los Angeles' highest-profile unsolved murders, especially since he had been told that police had identified those responsible.

"I've been advised by the homicide detective that was in charge of the investigation and is no longer with the department that the crime has been solved for several years now," Sanders told The Associated Press. "This was confirmed by at least one other person who is currently on the force, and it is ridiculous that an arrest has not been made for a crime that's allegedly been solved for several years."

A 2011 book by former Los Angeles police detective Greg Kading claimed both murders had been solved, although no arrests have been made and federal prosecutors in 2005 declined to file charges after a lengthy, bi-coastal investigation.

Police spokesman Richard French declined to comment, saying Wallace's killing remained an open investigation.

The coroner's report had been sealed for more than 15 years until police lifted a hold on it last week, Chief Coroner Investigator Craig Harvey said. The report details the trajectory of each of the shots that hit the rapper from Brooklyn, N.Y., and states there were no signs of alcohol or blood in his system when he died.

Sanders, who dropped a federal civil lawsuit against the city in 2010 in order to give investigators an opportunity to investigate further, said solving the case was more important than any lawsuit.

"In no way shape or form is this about civil litigation," he said. "This is about the criminal justice system and it functioning properly."

The lawsuit Sanders filed on behalf of Wallace's family and widow Faith Evans ended in a mistrial in 2005 after attorneys discovered the city withheld a trove of LAPD documents.

The civil case could be refiled, although that has not yet occurred.

Both Los Angeles police and the FBI investigated Wallace's killing, which came just months after another rap superstar, Tupac Shakur, was gunned down in Las Vegas. The FBI looked into whether any Los Angeles police officers were involved in Wallace's shooting.

The deaths of Wallace and Shakur have been the subject of rampant speculation about the motives. The one-time friends became rivals and instigators in an East Coast-West Coast rap rivalry during the mid-1990s.

In March 2011, the FBI electronically released files on its investigation, which were heavily redacted but shed new light on the efforts that investigators took to try to find those responsible for the rapper's death. Agents conducted surveillance and interviews in Los Angeles, San Diego and New York, the files showed.

The agency did not have an immediate comment Friday on the release of the coroner's report or whether it was still investigating Wallace's death.

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Anthony McCartney can be reached at http://twitter.com/mccartneyAP .

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Cash-strapped electric-car maker Fisker searches for investors

The chief executive of cash-strapped Fisker Automotive is in Europe looking for investors and business partners for the Anaheim maker of expensive rechargeable sports cars.

Fisker needs about $500 million to launch a second vehicle, which would be made at a factory in Wilmington, Del., but has had to halt development after the Department of Energy barred the automaker from drawing down a federal loan.

Fisker said it is using Evercore Partners Inc., an investment bank, in the search for investors.

The company also confirmed that Chief Executive Tony Posawatz is meeting with potential partners in Europe, where the company believes its prospects for finding investors are better than in the U.S.

Sales of all-electric and other rechargeable cars have been almost immeasurable since their introduction in the U.S. auto market two years ago.

“We have a number of different discussions going on,” said Fisker spokesman Roger Ormisher.

It’s not clear how much success Posawatz might have.

“Fisker right now is full of problems,” said Rebecca Lindland, an analyst at IHS Automotive. “They have money problems, they have supplier problems, and they are trying to sell a type of vehicle, an electric vehicle, which is a challenge in itself. They have three strikes against them.”

Lindland said that ventures like this are notoriously famous for underestimating the burn rate of cash, needed to launch and then produce a car.

“Whenever I see stories about private equity investing in auto companies, I cringe,” Lindland said. “They have no idea about how much capital they need.”

The automaker gained notice late last year for introducing its high-style Karma hybrid, which uses an electric battery to go about 33 miles before a gas engine kicks in and extends the range. It has a zero-to-60-mph time of under six seconds and a top speed of 125 mph. High profile owners include actor Leonardo DiCaprio and singer Justin Bieber.

Although the $110,000 car has received rave reviews for its styling, the vehicle has been panned by Consumer Reports and others for mechanical problems and electrical glitches.

Fisker has struggled to get the car to market and to launch its Atlantic model, a $55,000, four-door rechargeable sports sedan.

Work on the Atlantic came to a standstill this year when the federal government suspended a $529 million loan after delays in the introduction of the Karma. Fisker had drawn down about $192 million of the loan and continues to pay interest on it. It is scheduled to start repaying principal early next year.

The design of the Atlantic and the engineering of its drive train is 90% done, Ormisher said. "The next big part would be moving in production equipment and that would be a major cost – the hard tooling and supplying the parts. We need to get that all in place.”

Fisker also has run into troubles with Karma production, which is currently on hold because the battery maker, A123 Systems Inc., filed for bankruptcy this year. The automaker is holding onto its current inventory of batteries to use as spares in case some of the existing 1,800 Karma owners have trouble with their cars, Ormisher said.

While not providing any numbers, Ormisher said there was a sufficient supply of Karmas at the automaker’s dealers to last well into the first quarter of next year. He expects that A123 will be sold and will restart production sometime next year.

Fisker also has seen considerable churn at its executive offices. In August, the company installed Posawatz, the former head of electric vehicles at General Motors Co., as chief executive. He was the third CEO at the company this year, replacing Tom LaSorda, who became CEO in February, taking over for company founder Henrik Fisker.

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18 arrested in federal crackdown on gang that operated near USC

Federal authorities on Thursday announced a sweeping racketeering indictment against a Mexican Mafia-controlled gang that operated in an L.A. neighborhood just north of USC and was allegedly involved in at least one slaying, drug sales, extortion and robberies.

Eighteen members of the Harpys gang, also known as the Harpys-Dead End gang, were arrested Thursday morning on charges in three federal indictments resulting from “Operation Roman Empire.”

Those arrested include Vianna Roman, 37, daughter of a Mexican Mafia member, Danny Roman, who allegedly controlled the gang while serving a life sentence at Pelican Bay State Prison.

A total of 29 defendants were named in the racketeering indictment, eight of whom were already in state custody. Among them is Miguel Delgado, 18, accused of committing armed robbery against three USC students.

Federal prosecutors alleged that Vianna Roman and her husband, Aaron Soto, 40, traveled to and from Pelican Bay passing along orders from Danny Roman and collecting taxes to be funneled to him through profits the gang made through dealing in methamphetamine, cocaine, crack cocaine and heroin and through extorting businesses, including swap-meet vendors, via threats of violence.

Members of the gang are suspected in the slaying of one gang member who owed a debt, as well as plotting to kill a witness slated to testify against a gang member in a state court case, according to the indictment.

The gang has previously been targeted by the Los Angeles city attorney’s office in injunctions alleging the gang’s members were engaged in shakedowns, robberies, vandalism and murder. A judge issued a court order in 1998 that barred 30 of the gang’s members from associating with one another in the area.

At the time, one business owner said the Harpys asked for $150 to $180 a month for protection from the gang.

The gang controlled an area southwest of downtown that spanned from Normandie Avenue to Figueroa Street and Washington Boulevard to Jefferson Boulevard. Over the course of the operation, authorities seized 8½ pounds of methamphetamine, approximately one-half pound of heroin, approximately one pound of cocaine, 23 pounds of marijuana and 22 guns, according to a press release from the U.S. attorney's office.

If convicted of the racketeering charges, all but one of the defendants face a maximum sentence of life in prison, prosecutors said.

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Actor Stephen Baldwin charged in NY tax case

WHITE PLAINS, N.Y. (AP) — Actor Stephen Baldwin was charged Thursday with failing to pay New York state taxes for three years, amassing a $350,000 debt.

Rockland County District Attorney Thomas Zugibe said Baldwin, of Upper Grandview, skipped his taxes in 2008, 2009 and 2010.

The youngest of the four acting Baldwin brothers pleaded not guilty at an arraignment and was freed without bail. His lawyer, Russell Yankwitt, said Baldwin should not have been charged.

"Mr. Baldwin did not commit any crimes, and he's working with the district attorney's office and the New York State Tax Department to resolve any differences," Yankwitt said.

The district attorney said Baldwin could face up to four years in prison if convicted. The actor is due back in court on Feb. 5.

Zugibe said Baldwin owes more than $350,000 in tax and penalties.

"We cannot afford to allow wealthy residents to break the law by cheating on their taxes," the district attorney said. "The defendant's repetitive failure to file returns and pay taxes over a period of several years contributes to the sweeping cutbacks and closures in local government and in our schools."

Thomas Mattox, the state tax commissioner, said, "It is rare and unfortunate for a personal income tax case to require such strong enforcement measures."

Baldwin, 46, starred in 1995's "The Usual Suspects" and appeared in 1989's "Born on the Fourth of July." He is scheduled to appear in March on NBC's "The Celebrity Apprentice."

His brothers Alec, William and Daniel are also actors.

In October, Stephen Baldwin pleaded guilty in Manhattan to unlicensed driving and was ordered to pay a $75 fine. Earlier this year, he lost a $17 million civil case in New Orleans after claiming that actor Kevin Costner and a business partner duped him in a deal related to the cleanup of the 2010 Gulf of Mexico oil spill. The actors and others had formed a company that marketed devices that separate oil from water.

Baldwin co-hosts a radio show with conservative talk figure Kevin McCullough.

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Well: Running in Reverse

This column appears in the Dec. 9 issue of The New York Times Magazine.

Backward running, also known as reverse or retro running, is not as celebrated as barefoot running and will never be mistaken for the natural way to run. But a small body of science suggests that backward running enables people to avoid or recover from common injuries, burn extra calories, sharpen balance and, not least, mix up their daily routine.

The technique is simple enough. Most of us have done it, at least in a modified, abbreviated form, and probably recently, perhaps hopping back from a curb as a bus went by or pushing away from the oven with a roasting pan in both hands. But training with backward running is different. Biomechanically, it is forward motion’s doppelgänger. In a study published last year, biomechanics researchers at the University of Milan in Italy had a group of runners stride forward and backward at a steady pace along a track equipped with force sensors and cameras.

They found that, as expected, the runners struck the ground near the back of their feet when going forward and rolled onto the front of their feet for takeoff. When they went backward though, they landed near the front of their feet and took off from the heels. They tended to lean slightly forward even when running backward. As a result, their muscles fired differently. In forward running, the muscles and tendons were pulled taut during landing and responded by coiling, a process that creates elastic energy (think rubber bands) that is then released during toe-off. When running backward, muscles and tendons were coiled during landing and stretched at takeoff. The backward runners’ legs didn’t benefit from stored elastic energy. In fact, the researchers found, running backward required nearly 30 percent more energy than running forward at the same speed. But backward running also produced far less hard pounding.

What all of this means, says Giovanni Cavagna, a professor at the University of Milan who led the study, is that reverse running can potentially “improve forward running by allowing greater and safer training.”

It is a particularly attractive option for runners with bad knees. A 2012 study found that backward running causes far less impact to the front of the knees. It also burns more calories at a given pace. In a recent study, active female college students who replaced their exercise with jogging backward for 15 to 45 minutes three times a week for six weeks lost almost 2.5 percent of their body fat.

And it aids in balance training — backward slow walking is sometimes used as a therapy for people with Parkinson’s and is potentially useful for older people, whose balance has grown shaky.

But it has drawbacks, Cavagna says — chiefly that you can’t see where you’re going. “It should be done on a track,” he says, “or by a couple of runners, side by side,” one facing forward.

It should be implemented slowly too, because its unfamiliar motion can cause muscle fatigue. Intersperse a few minutes periodically during your regular routine, Cavagna says. Increase the time you spend backward as it feels comfortable.

The good news for serious runners is that backward does not necessarily mean slow. The best recorded backward five-kilometer race time is 19:31, faster than most of us can hit the finish line with our best foot forward.

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Consumer Reports says Ford Fusion, C-Max don't achieve MPG claims

Ford Motor Co. has been crowing about the huge fuel economy ratings of its Fusion and C-Max hybrids.

Consumer Reports did its own tests and said it couldn’t replicate the 47 miles per gallon Ford is claiming for the city, highway and combined ratings for the vehicles.

“After running both vehicles through Consumer Reports real-world tests, CR’s engineers have gotten very good results. But they are far below Ford's ambitious triple-47 figures,” the magazine, which operates its own testing center in Connecticut, said Thursday.

In the Consumer Reports tests, the Fusion hybrid delivered 39 mpg overall and 35 and 41 in city and highway conditions, respectively.

The C-Max hybrid achieved 37 mpg overall, with 35 and 38 for city and highway.

“These two vehicles have the largest discrepancy between our overall mpg results and the estimates published by the EPA that we've seen among any current models,” the magazine said.

Ford responded in a statement, saying, "Early C-MAX Hybrid and Fusion Hybrid customers praise the vehicles and report a range of fuel economy figures, including some reports above 47 mpg. This reinforces the fact that driving styles, driving conditions, and other factors can cause mileage to vary."

A Times test-drive and review of the C-Max also found the fuel economy was lower than what was claimed – 37.5 mpg.

Fuel economy claims are facing greater skepticism as automakers make them the centerpiece of their advertising campaigns.

Consumer complaints to the Environmental Protection Agency, which monitors the fuel-rating system, prompted regulators to test Hyundai and Kia vehicles.

The agency said last month that Hyundai and Kia overstated the fuel economy on more than one-third of the vehicles they've sold in recent years.

The South Korean automakers issued an apology and said they would give special debit cards to nearly a million owners to make up for the difference in the lower miles per gallon logged by the vehicles.

Automakers measure the fuel economy of their own vehicles according to a standardized test regime overseen by the EPA. They submit their results to the agency, which then approves the ratings for the window sticker that goes on new cars.

The EPA also conducts its own tests for about 15% of the models annually.

But the EPA's auditing of mileage claims by automakers rarely turns up misrepresentations. It has happened only two other times since 2000, once with a 2012 BMW 328i and once with a 2001 Dodge Ram pickup.

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Typhoon in Philippines leaves nearly 300 dead, hundreds missing

Deadly flooding in the Philippines from a typhoon has claimed dozens of lives.

As Typhoon Bopha veered west from the Philippines on Wednesday, disaster officials continued their grim tally in its wake, counting nearly 300 deaths from the overpowering storm.

The storm knocked over trees, destroyed homes and triggered devastating floods, including an unexpected burst of water in Compostela Valley province that swept away soldiers and swamped emergency shelters that had been believed to be safe. Nearly half of the storm deaths occurred in that province, according to government counts released Wednesday.

As of Wednesday evening in the Philippines, disaster relief officials had only identified 26 of the 274 people who were known to be killed.

PHOTOS: Typhoon Bopha

The death toll is feared to grow still higher as rescuers search battered areas caked with mud and strewn with the wreckage of collapsed homes. Downed electrical wires and damaged bridges have hindered crews from reaching some villages. Hundreds more people remain missing.

Dead bodies lay side by side in the village of New Bataan after the typhoon barreled on, leaving distraught villagers to search the corpses for friends and family. As he studied the dead, Juniper Serato told the Philippine Daily Inquirer that he was looking for six missing family members, including his parents.

He stopped after spotting a friend. “I know him,” he told the paper.

Others tried to find their loved ones online, using a Google website to submit information about people and search reports for names of friends and family. Twitter hash tags #rescuePH and #reliefPH helped connect Filipinos seeking help.

More than 217,000 people were affected by the deadly storm, known in the Philippines as Pablo, including more than 167,000 people seeking help at government evacuation centers, according to disaster officials. The typhoon stranded nearly 4,400 passengers in ports across the Philippine archipelago, scuttled scores of flights and cut off power and clean water to some parts of the islands.

Though heavy storms hit the Philippines every year, they usually batter the northern and central stretches of the country, not the southern islands where Bopha struck. The powerful storm came less than a year after Typhoon Washi slammed the south, claiming more than 1,200 lives.

Aid agencies and government officials said the memory of Washi had spurred families to leave their homes hours before the latest storm struck. Paul del Rosario, humanitarian coordinator for Oxfam in the Philippines, praised government efforts.

Those preparations, “plus the cooperation of affected residents, indeed saved lives,” Del Rosario said in a statement issued Wednesday by the nonprofit.

But the United Nations humanitarian office said food, water and shelter were badly needed as the storm cleared. Many displaced families are camping out in the open in areas sullied with mud. The typhoon also stripped some mountainsides of vegetation, raising fears that farms could be crippled in the aftermath of the typhoon.

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Facebook’s Instagram cuts support for key Twitter integration

SAN FRANCISCO (Reuters) – Facebook Inc’s recently acquired photo-sharing service, Instagram, removed a key element of its integration with Twitter, signaling a deepening rift between two of the Web’s dominant social media companies.

Instagram’s Chief Executive Kevin Systrom said Wednesday his company turned off support for Twitter “cards” in order to drive Twitter users to Instagram’s own website. Twitter “cards” are a feature that allows multimedia content like YouTube videos and Instagram photos to be embedded and viewed directly within a Twitter message.

Instagram’s move marked the latest clash between Facebook and Twitter since April, when Facebook, the world’s no. 1 social network, outbid Twitter to nab fast-growing Instagram in a cash-and-stock deal valued at the time at $ 1 billion. The acquisition closed in September for roughly $ 715 million, due to Facebook’s recent stock drop.

The companies’ ties have been strained since. In July, Twitter blocked Instagram from using its data to help new Instagram users find friends.

Beginning earlier this week, Twitter’s users began to complain in public messages that Instagram photos did not seem to display properly on Twitter’s website.

Instagram CEO Kevin Systrom confirmed Wednesday that his company had decided that its users should view photos on Instagram’s own Web pages and took steps to change its policies.

“We believe the best experience is for us to link back to where the content lives,” Systrom said in a statement, citing recent improvements to Instagram’s website.

“A handful of months ago, we supported Twitter cards because we had a minimal web presence,” Systrom said, noting that the company has since released new features that allow users to comment about and “like” photos directly on Instagram’s website.

The move escalates a rivalry in the fast-growing social networking sector, where the biggest players have sought to wall off access to content from rival services and to their ranks of users. Photos are among the most popular features on both Facebook and Twitter, and Instagram’s meteoric rise in recent years has further proved how picture-sharing has become a key front in the battle for social Internet supremacy.

Instagram, which has 100 million users, allows consumers to tweak the photos they take on their smartphones and share the images with their friends, a feature that Twitter has reportedly also begun to develop. Twitter’s executive chairman Jack Dorsey was an investor in Instagram and hoped to acquire it before Facebook CEO Mark Zuckerberg tabled a successful bid.

When Zuckerberg announced the acquisition in an April blog post, he said one of Instagram’s strengths was its inter-connectivity with other social networks and pledged to continue running it as an independent service.

“We think the fact that Instagram is connected to other services beyond Facebook is an important part of the experience,” Zuckerberg wrote. “We plan on keeping features like the ability to post to other social networks.”

A Twitter spokesman declined comment Wednesday, but a status message on Twitter’s website confirmed that users are “experiencing issues,” such as “cropped images” when viewing Instagram photos on Twitter.

Systrom noted that Instagram users will be able to “continue to be able to share to Twitter as they originally did before the Twitter Cards implementation.”

(Reporting By Alexei Oreskovic and Gerry Shih; Editing by Nick Zieminski)

Social Media News Headlines – Yahoo! News

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