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Latest Featured Reports | Thursday, March 28, 2024
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It's Up to You, New York: 'BradCast' 3/21/24
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'Green News Report' 3/21/24
  w/ Brad & Desi
Biden EPA issues biggest climate regulation in U.S. history; Rio hits 144°F heat index!; Exxon CEO blames YOU for climate change; PLUS: U.N. issues climate change 'red alert'!...
Previous GNRs: 3/19/24 - 3/14/24 - Archives...
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Guest: Slate's Mark Joseph Stern on another stunning week of federal judiciary debacles; Also: Primary results from AZ, FL, IL, KS, OH, CA; Biden EPA's 'biggest climate move yet'...
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'BradCast' 3/19/24
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'Green News Report' 3/19/24
  w/ Brad & Desi
EPA finally bans all uses of asbestos; Biden unveils billions for rebuilding communities broken by highway construction; Extreme heat in Africa; PLUS: MA coastal town follies...
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Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
Guest: Labor journo Steven Greenhouse; Also: Putin's 'election'; Trump can't find $450M...
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FEATURING: Moses Mike...Trump II Terror...TikTok Truth...and more in our latest collection of the week's most secular toons!...
Schumer Steps Up; Trump Associates Paid Biden 'Bribe' Liar $600k: 'BradCast' 3/14/24
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'Green News Report' 3/14/24
FL bans heat protections for workers; Methane leaks continue; GOP Project 2025 would ban Paris Agreement; PLUS: CA snowpack is back, but too late for salmon...
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How to Media Better and Other Smart Ideas:
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Press quietly resets weeks of misreporting on Biden; Suggestions for NYT; Stephanopoulos v. Mace; Also: Buck quits; RNC 'bloodbath'; WI's MAGA Speaker Recall...
'Green News Report' 3/12/24
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

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Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
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CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Author/journalist Ari Berman of The Nation...
By Brad Friedman on 7/17/2015 4:08pm PT  

On today's BradCast, we start where we left off on yesterday's show, regarding Thursday's amazingly corrupt and disturbing ruling in favor of Scott Walker and his cronies --- by the amazingly corrupt Wisconsin Supreme Court --- and how, if Republicans have their way, that ruling may soon enough become the law of the land for the entire nation.

As our producer Desi Doyen noted on today's show: "This is your early warning system." Ignore at your peril. Then it was on to a couple of quick items and updates, including dumb Confederate flag wavers in Oklahoma and Maine's even dumber Governor Paul LePage.

From there, we head to North Carolina, where "the most extreme anti-voter bill passed by any state since the Jim Crow Era", as we initially described it when it was passed by state Republicans back in 2013, is finally now facing trial against the NAACP, the ACLU, the DoJ and other democracy and voting rights advocates.

We are joined by The Nation's author/journalist Ari Berman, who was in the federal courtroom in Winston-Salem, NC this week as the trial finally got under way. The results of this trial are likely to head all the way to the U.S. Supreme Court, one way or another, and may well determine the future of voting rights in this country. The new voting restrictions were passed in 2013, just days after the U.S. Supreme Court demolished the provision of the Voting Rights Act that otherwise, says Berman, would have kept this law --- which is "already disenfranchising voters" --- from even taking effect.

"That's such a clear case study to me that the Supreme Court was wrong when it said that the special protections of the Voting Rights act weren't needed." Berman goes on to explain why he believes NC, a state which had made astounding progress in voting rights over the previous decade, has now become the new Selma, Alabama, where the bloody fight for voting rights led directly to passage of the federal Voting Rights Act in 1965.

"In North Carolina, they had seemingly everything," Berman tells me. "They had all these voting reforms --- early voting, same day registration, pre-registration for 16 &17 year olds. And it was all taken away or reduced" when the GOP took over both the state legislature and Governor's mansion for the first time since Reconstruction in 2013.

"What Selma in the 1960s and what North Carolina in the 2013-2015 era shows is how far these conservative white Southerners will go to protect political power. There aren't billy clubs. There aren't literacy tests. But they're saying this is how black turnout increased --- North Carolina went from 48th in voter turnout in the late 80s, to 11th in voter turnout in 2012 --- Republicans there basically said we're gonna tamp this turnout down."

And now it's left to the courts to find out if those rights, once granted, can be taken away by political whim --- and if NC, and other states with a history of racial discrimination in elections, will be forced once again to face preclearance from the federal government before they can enforce any new voting restrictions.

Berman has a lot of insight on all of this. His new book, Give Us the Ballot: The Modern Struggle for Voting Rights in America, will be published next month to coincide with the 50th Anniversary of passage of the VRA. As I note during the show, the book is an exhaustively researched and heart-wrenching documentation of the uniquely American and harrowing tale of the fight to vote in this country --- and the outrageously long and continuing effort to block it. That fight continues, sadly, to this day. Go buy his book!

Finally, Desi joins us again for some listener email and then a stunningly upbeat Green News Report for a change!...

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Guest: Brendan Fischer of Center for Media & Democracy...
By Brad Friedman on 7/16/2015 5:11pm PT  

I had to ask my guest on today's BradCast whether I was being overly dramatic in seeing today's stunning news from the Wisconsin Supreme Court as "the death of democracy". He did not warn me off that thinking.

Before that, however, we quickly covered two other breaking stories today: The verdict in the Aurora, CO shooting case and another new shooting today at two U.S. Marine facilities in Chattanooga, TN --- along with some thoughts on both of them.

Then, it's onto the jaw-dropping WI Supreme Court verdict in the challenge to the prosecutorial investigation into blatant collusion between Gov. Scott Walker and a number of Rightwing groups which spent millions in an alleged "criminal scheme" to help Walker win his 2012 recall election.

Brendan Fischer, general counsel at the Center for Media and Democracy joins us to explain the outrageous ruling. It's disturbing on several levels and bodes ominously for campaign finance laws across the entire nation. It's a must-hear interview, frankly.

In short, Walker and his campaign colluded with those "outside" groups in violation of state campaign finance law and what the U.S. Supreme Court said, in Citizens United, was not supposed to happen. But, it did --- to the tune of millions of dollars to help get Walker elected. Amazingly, it was the Rightwing groups that went to court in this matter to claim that their rights were being abridged by the prosecutors' investigation (a Republican prosecutor, by the way). We explain, in detail, how they made that case and how the Court's Justices went along with them to shut down the so-called "John Doe II" investigation.

But, the most outrageous part is the fact that the very same groups who sued to quash the probe also funded the elections (to the tunes of millions of dollars) of the very same Rightwing WI Supreme Court Justices who found in their favor today. That, despite both the prosecutor's request that those Justice's recuse themselves and a 2009 U.S. Supreme Court ruling (Caperton v. Massey) finding that judges must recuse if the case they are hearing involves a party with a "significant and disproportionate influence" on their elections.

"This is not just about past conduct, this is about future conduct, as well," Fischer tells me. "The court has okayed outside coordination between outside groups and candidates. It applies to their own campaigns, it applies to elections for judges....And the exact same groups that were parties to this case are going to be able to coordinate directly with these justices when they are up for re-election."

And, as if all of that isn't outrageous enough, this case, as I've long warned, is part of a national effort to eviscerate similar campaign finance restrictions across the entire nation --- because Citizens United and McCutcheon etc. apparently isn't yet enough for these Republicans.

"There's really not a whole lot left," Fischer says. "And you can see this being a huge mile-marker in the continued erosion on limits of money in politics. And it's not going to turn out well." Oh, well. I did try to warn everyone at least a year ago that this case was "about much more than just Walker and his corruption."

There's much more. But, as I said, a must-hear conversation today.

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By Brad Friedman on 7/15/2015 5:25pm PT  

On today's BradCast...

• Obama responds to critics of the Iran deal --- legitimate ones and Republicans. (I'm glad the grownup is driving.)

• Trump continues to rise --- and for good reason. (Should we endorse him?)

• NAACP wants to sandblast a huge monument to the Confederacy --- which feels a bit too Taliban-y for my tastes. (But am I wrong?)

• All of that and more today, including: Listener calls on all of the above; I wrestle with technical probs; and Desi Doyen joins us for the latest Green News Report! Enjoy!

Download MP3 or listen online below...

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Constitutional law expert Ian Millhiser...
By Brad Friedman on 7/14/2015 5:07pm PT  

Yes, Donald Trump is still leading in the national polls, but, after that, we turn to slightly more serious topics on today's BradCast, as a nuclear deal is finally struck between Iran, the U.S., China, Russia, France, Great Britain and Germany.

But, of course, those heads you hear exploding are (mostly) Republican Presidential candidates who, it seems, are either talking about another deal entirely or they haven't a clue how foreign policy actually works or maybe they've been living in a cave over the past 15 years. (Particularly the years from 2000 to 2008.)

Scott Walker, a very serious candidate for the Republican nomination, is particularly daft on the issue, opposing the agreement with Iran on absolutely ridiculous grounds. But his domestic policy is quite a different and far more disturbing matter. It includes a legal/political/Constitutional philosophy that, while once rejected by the courts and largely left for dead, is now "ascendant within the Republican coalition," as my guest, constitutional law expert Ian Millhiser explains on today's show.

"One thing that has transformed amongst the American right in the last several years is a desire to implement their agenda through any means necessary --- and if that means bypassing the democratic process and just getting their friends on the Supreme Court to implement it, they're happy to do that," Millhiser tells me while discussing one key dog-whistle offered during the Wisconsin Governor's announcement of his 2016 GOP candidacy on Monday.

"What they're doing here is they're trying to effectuate a wholesale transfer of power from the two branches of government that are elected to the one branch of government that is not elected," he says. "And I don't care what your agenda is, that's not something that should be done."

Not a dime's worth of difference between the two major parties? We discuss that laziest of knee-jerkisms --- you decide...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/14/2015 11:29am PT  


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IN TODAY'S RADIO REPORT: WI Gov. Scott Walker jumps into the 2016 race - we report on his (predictable) position on climate change; Warmest June on record for the Western United States; Exxon Mobil knew about man-made global warming in 1981 - and then funded climate denial industry for 30 years; PLUS: No, we are not headed into a new 'mini-ice age' - the latest denialist theory debunked... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): In Pennsylvania city, the poor are paying the price for a bad water deal; Japan is building huge solar power plants that float on water; China: June coal imports fall 34 per cent; Iran Nuclear Deal Is Reached After Long Negotiations; Pipeline Safety in the Congressional Spotlight; Presidential Candidates Say 'No' To Fossil Fuel Funding... PLUS: Australia: Tony Abbot's government pulls the plug on household solar... and much, MUCH more! ...

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Guests: Physicist Joe Romm; Journalist Ian 'David Koch' Murphy...
By Brad Friedman on 7/13/2015 5:39pm PT  

A busy week kicked off today on The BradCast! Scott Walker makes his 2016 run for the GOP nomination official; Hillary Clinton takes shots at both him and Jeb Bush in a major economic speech; And the long-awaited NAACP/ACLU/DOJ trial begins in North Carolina against "the most extreme anti-voter bill passed by any state since the Jim Crow Era".

But after those updates, we dig into debunking a new global warming denier scam that began making the rounds over the weekend, concerning a "mini ice age" that wingnuts are now certain will happen instead of the planet continuing to warm at record rates just as scientists have long predicted.

The nonsense begin in the Rightwing denialist media, but has since been making its way into the theoretically legit media as well.

Physicist and former Clinton Administration Dept. of Energy official Joe Romm joins me to help with the debunkery and warns that, unfortunately, "there's no escape from the catastrophic consequences of human-caused global warming by hoping the sun does something. The only hope is that humans do something, which is to slash carbon pollution, and have a global treaty negotiated in Paris in December and take action like the United States is doing through the President's EPA Clean Power Plan, replacing dirty fossil fuels with clean, renewable energy that lasts forever."

The new study being cited by deniers "doesn't mean anything about the long-predicted global warming trend," he tells me. "Anybody who cites this study to suggest that global warming science isn't real, or somehow we're going to avoid catastrophic warming this century, literally has never talked to a climate scientist," Romm says, describing the newest "'Jiggery-pokery' from the climate science deniers."

We also discuss a new email charging Exxon knew about CO2 and climate change since the early 80s, but spent millions in the decades since to fund the denier movement instead of taking action. And I also get Romm's thoughts on a newly unearthed 1969 Nixon Administration memo warning about CO2, global warming and sea level rise.

Finally: Since Walker is announcing his 2016 run for President today, it seems a good time to revisit the audio of that prank 2011 phone call to him from "David Koch" during the height of Walker's union-busting campaign. The call was a hoax, but Walker had no idea. We play some clips from the call to help you remember it all, along with a bit of my 2011 interview with then Buffalo Beast editor Ian Murphy, the man who played "David Koch" during the prank call. (If you're interested, you can hear my complete 2011 interview with Murphy, while guest hosting The Mike Malloy Show on April Fools day that year, right back here.)

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By Brad Friedman on 7/8/2015 5:07pm PT  

We were live at the KPFK/Pacifica Radio studios in Los Angeles for today's BradCast and had the opportunity to open up the phones for a lot of great listener calls.

But, first, we covered today's disturbing, near-simultaneous collapse of computer systems at the New York Stock Exchange, the Wall Street Journal and United Airlines, and what we might (but won't) learn from it.

Then, it's onto the nation's dumbest Governor (perhaps in U.S. history) and the unbelievably dumb thing he's finally done now...

Come and listen to a story 'bout a Governor named LePage,
A total dumbass (and sometimes filled with rage).
They said the state of Maine is the state he oughta run,
But wait until you hear what their Guv has gone and done...

But while LePage may be indescribably stupid, at least he's not running for President (yet) --- unlike Wisconsin's Gov. Scott Walker who is not only running, but currently has a very good chance of winning the Republican nomination. And he's as insidiously sneaky and dangerous as Governors get.

All of that and more on today's lively BradCast!

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Guest: Brendan Fischer of Center for Media & Democracy
By Brad Friedman on 7/7/2015 4:50pm PT  

I'm back on The BradCast today after a much-need July 4 weekend respite! My huge thanks to Nicole Sandler of RadioOrNot.com for filling in for me yesterday!

While Nicole covered some important items that might have otherwise disappeared into the holiday weekend news hole, there was at least one notable story that she missed, which a few folks in Wisconsin --- specifically, Gov. Scott Walker (R) and his allies in the state legislature --- had hoped nobody would notice: their blatant attempt to completely gut the state's beloved Open Records law.

"This was an effort by Walker and some Republicans in the legislature to undermine open government in the dead of night," my guest today, Brendan Fischer, general counsel at the Center for Media and Democracy tells me. And it was done, he suggests, in hopes of keeping piles of fresh baggage from making its way into the mainstream media as Walker --- whose entire career now seems to be predicated on secrecy and lack of transparency --- prepares to announce his candidacy for the GOP Presidential nomination in a week or so.

What the Badger State's Republican-dominated legislature tried to pull off over the weekend was extraordinary. "There was no public statement whatsoever," Fischer explains. "This was introduced, through this last minute budget amendment that was passed on the evening of the holiday weekend. There was no public debate. This was something they tried to do in the dead of night."

Fischer also catches us up on the status of several other cases now pending against Walker and/or his closest allies, including one that is set to face a crucial ruling shortly by the state's Supreme Court. That challenge in that case, known as "John Doe 2", is being brought by the largest financial supporters of both Walker's and several of the court's elected(!) Republican Justices!

Also today: We catch up after the holiday weekend on the latest developments in Greece and with Trump, marriage, the Confederate flag and more!...

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By Brad Friedman on 7/2/2015 3:47pm PT  

It's our last BradCast before the long holiday weekend, so, after an amazingly encouraging week or two of news, we head into the July 4th weekend today with a whole bunch of stories that we've been trying to clear off our desk for the past week or two, along with a bunch of breaking news as well today.

From Trump and Bernie-mentum to Jim Webb entering the 2016 race to the dead-enders in Kentucky still fighting the Supreme Court ruling on marriage to more green news than we can even fit into a single Green News Report with Desi Doyen.

Oh, and real-life killer robots on the rise --- no, it's not product placement for the new Terminator movie, but it sure sounds like it --- before we finally end today's show with an encouraging bang (courtesy of our friend D.R. Tucker at Washington Monthly)!

Please enjoy and have a happy (and safe) 4th of July!...

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P.S. We're taking a long weekend off from the show, so our friend Nicole Sandler of RadioOrNot.com will be filling in for us on Monday! We'll be back on Tuesday though! Peace!

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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GUEST: Journalist turned media-activist documentarian Sue Wilson...
By Brad Friedman on 5/20/2015 4:08pm PT  

We've been talking about reality here a lot lately, and the difficulty a huge portion of our population has with it.

On today's BradCast: Our nation's untethering from reality, as it affects accountability for Iraq War war crimes and torture, the 2016 race, climate change and much more. We can't fix our problems until we can agree on the facts, but Governors Chris Christie and Scott Walker remind us once again that we are nowhere near such agreement. (Even as we must take a side trip through the Bush Family's relationship with Nazi Germany to help understand it all.)

Journalist-turned-media-activist and documentarian Sue Wilson from Media Action Center joins us to discuss the FCC ruling that upends the First Amendment and Walker and his supporter's efforts to make things even worse in a Wisconsin criminal investigation into his 2012 recall election that may have an enormous impact on the entire nation in 2016.

Plus: Minimum wage boosted to $15/hour here in Los Angeles; Another huge oil spill in Santa Barbara; and much more on today's BradCast...

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The FCC's blow to free speech rights you probably never heard about, and how, if Republicans have their way, it may get even worse...
By Sue Wilson on 5/19/2015 9:35am PT  

It's been an entire year since the First Amendment suffered a gigantic blow as a result of the 2012 Scott Walker recall campaign in Wisconsin, though it's one that very few Americans above and beyond astute BRAD BLOG readers, even know about. And now, there is another threat to Free Speech, stemming from that same recall of GOP Presidential hopeful Walker looming at the Wisconsin State Supreme Court.

Walker's attorneys are now arguing at the Wisconsin State Supreme Court that it is a violation of the First Amendment rights to even investigate whether the Walker campaign broke state law by the controversial candidate personally soliciting funds from non-profit, tax-exempt 501(c)(4) groups so donors to his campaign could remain secret. In a separate gambit, they also tried to make that case to the United States Supreme Court, which early Monday sent the case back to Wisconsin.

And it now appears that Right Wing Radio talkers --- at the core of a very real First Amendment blow suffered one year ago --- are, once again, in the thick of all of it.

This is all related to what Media Action Center (MAC) members discovered during the 2012 recall campaign when talk hosts on Wisconsin radio giants WTMJ and WISN gave hundreds of hours of free airtime for GOP luminaries like Republican National Committee Chair Reince Priebus and Wisconsin GOP Vice Chair Brian Schimming in order to promote and recruit volunteers for Walker during that contentious campaign....

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By Ernest A. Canning on 4/13/2015 7:44am PT  

The videos were good for a barrel of laughs. The Director of Florida's Div. of Emergency Management, Brian Koon was forced to engage in verbal gymnastics so as to avoid violating a state ban on using the words "climate change."

In another clip, replayed by Comedy Central's John Stewart, former FL EPA employee Kristina Trotta uses the words, "nuisance flooding," to evade the ban on mentioning "sea level rise." That drew an amusing Stewart suggestion that, in order to evade mentioning that a global warming-connected rise in sea level could eventually lead to an underwater Miami, state employees could refer to "moisture inconvenience!"

The exchanges were hilarious. But there is nothing funny about the attempt to erect thought control regimes, first in Florida and now in Wisconsin. In both states, the practice is verging on that deployed by Oceania's Ministry of Truth in George Orwell's 1984. In that classic but ominous work of fiction, written accounts of inconvenient truths were incinerated inside "memory holes."

While ominous, the clumsy efforts at "thought control" are quite useful. They underscore the warnings we offered nearly five years ago that the real future offered by the so-called "Tea Party" and the Koch Brothers' brand of "libertarianism" includes "Fascism [and] Feudalism --- an authoritarian reality that has already come to fruition in states like Florida and Wisconsin where Charles and David Koch, along with other rightwing billionaires, have already tightened the reigns of oligarchic control over ostensibly "public" institutions...

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Where the man and his logo really come from...
By PDiddie on 3/29/2015 5:28am PT  

Or perhaps inspired by...

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Decision means Constitutionality of 'discriminatory' voting laws unlikely to be determined by Supremes before 2016 Presidential elections...
By Brad Friedman on 3/23/2015 2:36pm PT  

A few weeks ago, our legal analyst Ernie Canning warned how the U.S. Supreme Court's pending decision on whether or not to hear the ACLU's challenge to the Wisconsin GOP Photo ID voting law might be the last chance before the 2016 Presidential elections to determine the Constitutionality of such laws.

On Monday, the Supreme Court decided not to grant cert in the WI challenge in the Frank v. Walker case. The decision is not a ruling on the merits of the case or the Constitutionality of the law. It simply means that, for now, there were not four votes on the Court to hear the ACLU's challenge at this time.

It also means that, barring further court action or a quick decision on a similar law out of another state, polling place Photo ID restrictions on voters will be allowed in the Badger State in 2016. That, despite the fact that the federal trial court found, when striking down the law as unconstitutional and a violation of Section 2 of the Voting Rights Act last year, that the new Republican-enacted law may serve to bar some 300,000 disproportionately Democratic-leaning and already lawfully registered voters from casting a ballot in the state's Presidential election.

There is also more than a bit of irony in this matter, in that, after U.S. District Court Judge Lynn Adelman soundly rejected the law in 2014 --- finding that "evidence adduced at trial demonstrates" WI's Act 23 "disproportionately impacts Black and Latino voters" and that the law would "prevent more legitimate votes from being cast than fraudulent votes" --- the 7th Circuit Court of Appeals deadlocked (disingenously) 5 to 5 on whether to stay the original ruling. That deadlock meant the stay would be granted and the WI law would be allowed, barring further court challenges, despite the fact that 6 federal judges had voted to strike down the law, while just 5 had voted in its favor. To make matters worse, Act 23 had also been struck down previously in state court as a violation of the state constitution as well. Nonetheless, in this matter, a minority of judges successfully ruled against the majority.

All of that, despite a blistering dissent filed in last year's 7th Circuit Court WI decision by against the law (and all such laws) from revered conservative 7th Court of Appeals Judge Richard Posner. Posner's original ruling in favor of a Photo ID restriction law in Crawford v. Marion County, Indiana, was the basis of the first such case to be heard by the U.S. Supreme Court, upholding Indiana's Photo ID law in 2008. So his unambiguous reversal on the issue, now that we know much more about such laws, was noteworthy and, opponents of the law had hoped, convincing to the Supremes who have, for many years, favorably cited the legal scholar's opinions.

Though the 7th Circuit's decision to temporarily stay the original ruling striking down the law was later vacated by the U.S. Supreme Court last year --- on the basis that the stay was made too close to the election --- the discriminatory law is now back in place in the state. The refusal by the Court to grant cert this weeks means that it will likely remain in place as the next Presidential election begins.

Some watching these matters closely, however, believe that Monday's decision by SCOTUS to not hear the Wisconsin case may ultimately be a good thing, perhaps "a blessing in disguise"...

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Court's decision on whether to hear a challenge to the Wisconsin GOP's 'unconstitutional' voting restriction is a moment of truth for democracy...
By Ernest A. Canning on 3/6/2015 2:03pm PT  

As we find ourselves smack dab on the 50th anniversary of the Bloody Sunday march for voting rights in Selma, Alabama, there are some key decisions from the U.S. Supreme Court, coming very soon, which may well determine whether millions of otherwise lawfully registered and disproportionately Democratic-leaning African-American and Hispanic voters will be prevented from voting in the 2016 elections.

The decision that emerges from the Supreme Court's March 20, 2015 Conference in the Wisconsin polling place photo ID case, Frank v. Walker, could well be dispositive in that regard. It also may be the last chance to avoid the legal chaos that plagued the 2014 elections, during which similar voting restrictions, in state-after-state, were implemented, struck down, restored, or, with respect to Wisconsin, blocked again. Where, last year, the Court's eleventh hour decisions preserved the right to vote in Wisconsin, that same Supreme Court, on the eve of the 2014 mid-term, eliminated the right to vote for hundreds of thousands of predominantly African-American and Hispanic voters in Texas and North Carolina. The failure of the Supreme Court to take up the issue now could produce an even darker cloud of doubt over the integrity and legitimacy of the 2016 Presidential Election.

The immediate issue now before the Court is not whether SCOTUS agrees with a U.S. District Court judge and half the judges on the 7th Circuit Court of Appeal that WI's law (aka Act 23) is both unconstitutional and violative of Section 2 of the Voting Rights Act. As those judge found, Act 23, if implemented in the Badger State, could disenfranchise more than 300,000 lawfully registered Wisconsin voters.

Rather, the immediate issue at the March 20 Conference is whether the Supremes will grant an ACLU petition for a writ of certiorari (aka "cert petition") and schedule oral arguments on the Constitutionality of the Republican-enacted law. Or whether, as urged by the attorneys representing WI's Republican Governor Scott Walker, the Court will defer its decision until similar legal challenges to strict photo ID laws in other states, such as North Carolina and Texas, wind their way through the trial and appellate courts.

In other words, do they hear the Wisconsin case now, as urged by the ACLU and other voting rights advocates? Or do they wait to combine the matter with several other challenges to substantively identical voting restrictions implemented by Republicans in other states, as urged by one of the men who stands to benefit from delaying such a decision as long as possible?

That decision whether to hear the case now, rather than later, may well have a huge impact on who will serve as the next President of the United States...

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