[This article now cross-published by Salon...]

Very big news out of a federal court in Wisconsin today, where the state's polling place Photo ID law (Act 23) has now been struck down as both a violation of the federal Constitutional as well as under Section 2 of the Voting Rights Act.

While similar laws, all enacted by Republicans, have been struck down by state courts before --- indeed, Wisconsin's, was already found in violation of the state constitution in state court --- and in federal courts under Section 5 of the Voting Rights Act, today's ruling is the first to strike down such a law under Section 2 of the VRA.

The landmark ruling will almost certainly have national implications for federal challenges in other states against similar restrictions recently enacted by Republicans.

Last summer, the U.S. Supreme Court gutted the heart of the VRA by making Section 5 unenforceable until Congress passes new legislation to determine which jurisdictions must pre-clear new elections laws with the U.S. Dept. of Justice before they are put into effect, due to a history of racial discrimination in elections in those jurisdictions. Section 2, however, bars discrimination in all 50 states, even though, unlike Section 5, it cannot be applied until after the new law in question goes into effect.

Judge Lynn Adelman's ruling [PDF] today, finding WI's version of the law discriminatory and in violation of both Section 2 and the 14th Amendment of the federal Constitution, is likely to have an impact on federal challenges to similar laws in states such as Texas and North Carolina, where federal cases are pending to block similarly discriminatory polling place restrictions.

Moreover, the judge placed the racial and class discrimination and disenfranchisement that would be caused by this law in stark terms, in regard to how many otherwise legal voters in Wisconsin might lose their right to vote, and how such a law might have directly affected the results of the state's 2010 election, had it been place at the time...

[This article now cross-published by Salon...]

A Circuit Court judge has resoundingly rejected Arkansas' new Photo ID restrictions on voting, declaring the law to be "null and void" and in violation of the state's Constitutional right to vote.

Last year, after Republicans took over the Arkansas statehouse for the first time since Reconstruction, they passed an onerous Photo ID restriction law for voting. The Democratic Governor Mike Beebe vetoed the new restrictions, but that veto was subsequently overridden by the Republican legislature.

Pulaski County Circuit Court Judge Timothy Davis Fox' 2-page Summary Judgement [PDF] finds in favor of plaintiffs in the case, the Pulaski County Election Commission and against both the defendant, the Arkansas State Board of Election Commissioners, as well as the Republican Party of Arkansas which intervened on behalf of the Board of Election.

In his Thursday ruling, Fox found the law to be "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."

Section 1 of Article 3 details the "Qualifications of Electors" in the Arkansas state Constitution, declaring that, "Except as otherwise provided by this Constitution, any person may vote in an election in this state who is: (1) A citizen of the United States; (2) A resident of the State of Arkansas; (3) At least eighteen (18) years of age; and (4) Lawfully registered to vote in the election."

Section 2, on the "Right of Suffrage" states that "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof."

Given the very clear and straightforward language of the state Constitution, this seems to have been a very easy case. Republicans, however, are reportedly preparing to appeal the ruling...

This week's KPFK/Pacifica Radio BradCast is chocked full of important news and insightful analysis that actually matters and that you simply won't hear anywhere else.

Among the items covered on the show this week:

• Today's mass stabbing at a PA high school; How it stacks up against recent mass shootings; and what Archie Bunker might have to say about it;
• Emmy award-winning journalist, media activist and BRAD BLOG contributor Sue Wilson of the Media Action Center joins us to discuss the FCC's surprising recent vote to de-consolidate corporate TV outlets; The millions minted for mainstream media by the Supreme Court's McCutcheon decision; Her FCC complaint, due to be heard soon, with potential broad consequences, over whether rightwing talk radio campaigning in Wisconsin leading up to the Scott Walker recall was "bonafide news", or whether it violated federal law and/or the Zapple Doctrine.
• The new Heart Bleed bug and how that massive, newly discovered Internet security vulnerability further underscores the insanity of Internet Voting (and the various elected officials and candidates calling for it.)
• Good news rulings in the DoJ's federal challenges to polling place Photo ID restriction laws passed by Republicans in TX and in NC, as reported recently by The BRAD BLOG's legal analyst Ernie Canning.
• Bill O'Reilly's personal hypocrisy knows no bounds (wait until you hear what he said about Tesla in 2011 and then in 2014), as Desi Doyen joins us for that and the latest Green News Report.

And all of that in less than an hour! That oughta hold ya until next week!

Download MP3 or listen online below...

P.S. While you're listening, please consider donating to The BRAD BLOG so we can continue to afford to keep bringing you this kind of news, programming, journalism and analysis. We really need your support these days to keep going. Thanks in advance!

Last week we told you how Wisconsin's Republican Gov. Scott Walker considers implementing a polling place Photo ID restriction in his state to be so "pressing" that he would call a special session of the state legislature to do it. He says it's the only such matter "pressing" enough to merit such extraordinary action this year, in advance of the November 2014 election --- when Walker himself, just coincidentally, faces a very tight re-election race.

That, despite the fact that two state courts have already found the Republicans' existing polling place Photo ID voter restriction law to be a violation of the state constitution and that expert testimony during one of the two trials detailed how there is only one single known case of voter impersonation fraud in WI over the past 10 years that might have possibly been deterred by such a law. At the same time, tens of thousands of perfectly legal voters will likely be barred from voting under such a law.The state Supreme Court is currently deciding on the state's appeal to the lower courts' rulings.

Republicans pretend that implementing such a law is not about voter suppression, but now at least one of them, to his great credit, strongly and loudly disagrees.

This week, Republican state Sen. Dale Schultz accused his own party of "trying to suppress the vote" and said that he is "not willing to defend them anymore. I'm just not and I'm embarrassed by this."

Schultz also decried the current WI GOP effort to suppress the vote --- one which would likely effect many elderly as well as minority and student voters --- as an insult to veterans, calling it "a slap in the face at the very least to some of the people who gave some of the most vital years of their life in the service of their country"...

Ever since the situation in Ukraine began to blow up (again), I've been trying to figure out what's really been going on. It hasn't been easy. And the U.S. corporate media has not been particularly helpful (again).

My attempt to sort out fact from fiction after last weekend's '97.6%' referendum vote in Crimea is just one example of finding the facts running counter to the U.S. MSM narrative.

We pick up that thread on this week's KPFK/Pacifica Radio BradCast, as I was joined by investigative reporter Robert Parry of ConsortiumNews.com to try and sort much of it out. His must-read article, "Mainstream US Media Is Lost in Ukraine", tying together blatant media failures on Iraq and Syria and now in Ukraine, begins to crack the nut of what the U.S. media is failing to tell us about the entire fine mess, including some startling audio evidence that we play on the show suggesting that certain narratives --- for example, the one about now former Ukraine President Viktor Yanukovych's police gunning down protesters --- may be much less (or, at least, much different) than has been generally reported in this country.

Parry explains how "The U.S. mainstream news media is reaching a new professional low point as it covers the Ukraine crisis by brazenly touting Official Washington’s propaganda themes, blatantly ignoring contrary facts and leading the American public into another geopolitical blind alley."

You'll want to hear this conversation.

In the back half of the show...we cover The BRAD BLOG's exclusive this week on a great new gift for election hackers --- just in time for the 2014 mid-terms!; the one WI Republican state Senator willing to stand up against Gov. Scott Walker's voter suppression; Sen. Whitehouse's theory on Citizens United and climate change denial; and, of course, Desi Doyen joins us with the latest Green News Report, as usual.

Buckle up!

Download MP3 or listen online below...

[Image: Mykhaylo Palinchak / Shutterstock.com]

Hey! Great news! Just in time to practice up your hacking skills before the 2014 mid-term elections, you can now buy your very own ES&S iVotronic touch-screen voting system from eBay!...

Yes, the very same voting systems that are so incredibly sensitive and vulnerable to tampering (and which have failed so often in so many states and in so many elections) that both election officials and Elections Systems & Software, Inc. (ES&S) have long attempted to keep them out of the hands of the public, can now be yours for just $499.99 or "Best Offer" via eBay! And that includes Free Shipping!

And, oh, look! One of them is already sold!...

Meanwhile...Back up in Wisconsin, where two different courts have already found the Republicans' polling place Photo ID restriction law to be in violation of the state constitution, a decision on an appeal waits at the state Supreme Court.

But, no worries, if that Court also agrees that it's unconstitutional to deny WI voters their right to vote, Gov. Scott Walker is ready to call the state legislature back into an emergency session to try to pass another such law, according to the Journal Sentinel...

Despite the fact that an expert on voter fraud testified during one of the trials last year that there was only one single case of voter impersonation in WI that might have been deterred by such a law over the past 10 years, the Wisconsin State Journal reports that Walker sees this issue as very very urgent --- the only one, in fact, that is urgent enough that he would find it necessary to call for a special session of the legislature, for some reason...

[This is article now been cross-published by Salon...]

This is nothing less than remarkable. The 7th circuit court judge who wrote the majority opinion in the landmark Crawford v. Marion County Election Board case, has now admitted he got it wrong!

"I think we did not have enough information," Judge Richard Posner said in remarks at HuffPo Live today. "If the lawyers had provided us with a lot of information about the abuse of voter identification laws, this case would have been decided differently."

Crawford is the Indiana polling place Photo ID restriction case that went to the U.S. Supreme Court where it was upheld in 2008. It is the case cited, usually inaccurately, by Republican advocates of such restrictions, who argue that such disenfranchising laws are not in violation of the U.S. Constitution. For example, it is the case cited (inaccurately) by TX Attorney General Greg Abbott, in his argument against the U.S. Dept. of Justice's current lawsuit attempting to block the Lone Star State's most recent attempt to institute that voting restriction at their polling places. "The U.S. Supreme Court has already ruled that voter ID laws do not suppress legal votes," Abbott said misleadingly in response to the DoJ's suit, as explained in detail last month by BRAD BLOG legal analyst Ernest Canning.

But, setting aside the misuse of SCOTUS' very limited ruling on Crawford, the remarkable news today comes via UC Irvine election law professor Rick Hasen, who transcribes remarks made today by Judge Richard Posner, author of the original 7th circuit majority opinion in Crawford, now completely recanting his original opinion on the case!

Read this from Hasen. It's amazing...

By now, you've certainly heard of the outrageous 9-hour detention of Guardian journalist Glenn Greenwald's partner David Miranda at Heathrow Airport under Great Britain's supposed "Terrorism Act" over the weekend. As Rachel Maddow amazingly, but justifiably, found it necessary to point out loudly last night, "journalism is not terrorism", and both the British government and U.S. government (which has admitted receiving a "heads-up" about the planned detention by British authorities in advance, but didn't stop it from happening) should be ashamed of themselves and held accountable for the outrage.

Many have opined, since the detention of Miranda, what an outrage something like that would have been had a similar harassment and the seizure of personal property of, say, a New York Times journalist doing his or her job, occurred in this country or by a country so closely allied with the U.S.

Well, before we took our short break last week, I had been covering some of the increasing citizen protests in several states around the U.S. in reaction to the extreme and radical Republican policies being put in place by states where the GOP has recently taken control of state government. I covered the ensuing arrests of an 83-year old Korean War vet peacefully demonstrating for voting rights in NC (as he did with MLK in Selma, AL in 1965) and of an 80- and 85-year old couple in WI arrested in a crackdown by Republican Gov. Scott Walker's Capitol Police for participating in a daily protest sing along in the state capitol building.

While I was gone, it seems, things have gotten worse in Wisconsin, as an elected official was also arrested for singing along, and even the editor of a progressive news magazine was arrested for having attempted to record it...

On this week's BradCast on KPFK/Pacifica Radio, I covered both the nation's most extreme voter suppression law in North Carolina (and the facts behind its passage) and the precedent setting verdict in the Bradley Manning case.

But at the heart of it all is something else --- a primal, patriot scream perhaps, as exemplified by the arrest of 83-year old Robert Plummer, Jr. at the state capitol in NC last week (Plummer is a Korean War hero who was also arrested on the Edmund Pettus Bridge with Martin Luther King on Bloody Sunday in Selma, AL during the 1965 march for voting rights, and by the arrests of 80- and 85-year old Joan and Tom Kemble for singing in the Wisconsin state capitol in the same dark week.

The Kembles joined me live on the show to talk about their arrests at the daily sing-along that has been going on every day since Gov. Scott Walker's radical anti-union bill was passed two years ago, and to sing a song or two before their next trip to the pokey for peacefully singing in protest to petition their government for redress of grievances. (Please help all of the WI arrestees pay their legal bills and fines at SolidaritySingAlong.org!)

As usual, there was much more, including Desi Doyen and the latest Green News Report, in between. I hope you'll give it a listen. I think you'll enjoy it.

Download MP3 or listen online below...

It's not only North Carolina which is passing extreme Rightwing laws and then slapping the cuffs on those meddlesome octogenarian war hero delinquents displaying the temerity to exercise their 1st Amendment rights in protest against them.

In Wisconsin, where demonstrators against far Right Republican Governor Scott Walker have been holding a protest sing-along in the state capitol building every single day, without incident, for over two years since the passage of a radical anti-union bill, police have begun to use a similar tactic.

Below is video of Tom and Joan Kemble, the 85- and 80-year old parents of journalist Rebecca Kemble of The Progressive, being hauled away for singing peacefully in the state Capitol last week. Read Kemble's full story here where she notes: "It was awkward to be part of the swarm of journalists crowding around my own parents as the police were closing in on them."

"When Mom was surrounded by cops who were handcuffing the woman next to her and Mom looked her in the eye singing the verse of We Shall Overcome that says, 'We are not afraid,' I burst into tears," writes Kemble. I must admit, so did I when watching the video.

"The courage, care for her friend and incredibly centered and peaceful defiance she showed in the face of the overblown police action was deeply moving," Kemble continued. "And when Mom and Dad were handcuffed and led downstairs singing the words, 'Walker won’t be governor, Walker won’t be governor, Walker won’t be governor someday,' my daughter’s heart swelled with pride."

"So far, seventy-nine Wisconsinites have been arrested and ticketed," at the "Solidarity Sing Along", reports WI native John Nichols at The Nation today, "from 85-year-olds to young moms with kids."

Seriously, what the hell have we come to in this country?!...

[Hat-tip Nicole Desautels Schulte at Facebook.]

UPDATE 8/1/2013: Joan and Tom Kemble were my guests on this week's BradCast. And they even sang for us! Listen here...

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

The radio industry magazine Radio Ink caught wind of my recent article, "Tell the FCC: Talk Radio is NOT 'Bonafide News'", as published at The BRAD BLOG, (and subsequently reprinted by the Huffington Post.)

As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.

In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.

Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."

What a loaded sentence. But let's start unpacking.

Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.

Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...

President Obama recently nominated Tom Wheeler as the new Chair of the Federal Communications Commission (FCC), the federal agency tasked with protecting the public interest in broadcasting, particularly over our public airwaves.

One of the first questions Wheeler's FCC will have to (reluctantly?) decide: Is Talk Radio the same as "bonafide news"?

More than three quarters of the American public say no, according to Pew Research, and one would think an agency sworn to protect the public interest and its airwaves would agree with that vast majority. But will Wheeler choose to put the public interest first, or will his FCC continue to simply turn a blind eye, as the agency has done since the Reagan administration?

After what we documented last year in Wisconsin, and after official complaints were filed in turn with the FCC about how corporate radio stations there appear to have abused their licensed privilege to broadcast over our public airwaves, that question may finally have to be answered by the federal agency tasked with enforcing the law over those very airwaves...

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IN TODAY'S RADIO REPORT: Weather Whiplash: record May snowstorm in Minnesota, early May wildfires in California; Who paid for last year's billion-dollar record crop disaster? YOU did; Myth-busting: 40th anniversary of Newsweek's "coming ice age" blunder; PLUS: Surprise! Fox 'News' lies about the term 'climate change' ... All that and more in today's Green News Report!

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): What would 'wartime mobilization' to fight climate change look like?; You Won't Believe What's in Your Turkey Burger; Most Americans clueless about global scientific consensus on climate change;
Billionaire Koch Bros attack renewable energy standards in the states & launch new front group; Oslo runs out of garbage, imports it from rest of the world; Climate Change: Top Investors Will Feel Heat of New Epoch ... PLUS: Unburnable Fuel: Either governments are not serious about climate change or fossil-fuel firms are overvalued ... and much, MUCH more! ...