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The problem comes in when people try to define "damage." Obviously a doctor or pilot who is high has the potential to cause fatal damage, but when people sue over a flight attendant's use of "ennie meenie miney moe", I think we can safely assume that people are assholes who will sue over anything. It's understandable that a company would want to avoid looking negligent and the attendant lawsuits. Personal privacy and liberty is becoming more and more expendable.
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