Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

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IN TODAY'S RADIO REPORT: Republicans taking hostages over Keystone XL pipeline --- again; Banner year for Big Oil profits --- again; Chevy Volt cleared of all charges; Florida invaded by snakes (no, not the GOP primary); PLUS: The Muppets Strike Back (at Fox 'News') ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): World lacks enough food, fuel as population soars: UN; Carmakers support CA's new clean car regulations; Illinois tops nation in new wind turbines; Will W.Va. prepare for a post-coal future?; Canada urged EPA to disregard oilsands emissions; New faux renewable energy scandal engulfs GOP; Debunking Murdoch's Daily Mail, Wall St. Journal climate denials; GMO crops spreading in the wild; TX heat, drought caused by global warming: Hansen ... PLUS: Saudi Oil Minister Calls Global Warming "Humanity's Most Pressing Concern"... and much, MUCH more! ...

The fully-militarized, post-9/11 Big Government Police State in these United States continues unabated, even as we've had to turn our attention here, of late, away from the Occupy Movement to cover the pretend democracy known as the 2012 Presidential Race.

Because there has yet to be any accountability for the unprovoked violence against peaceful Occupy demonstrators by the Oakland Police Department last October, nor for its Acting Police Chief Howard Jordan, who appears to have blatantly lied to the public and media about that violence, nor for their atrociously lawless renegade Mayor Jean Quan, the OPD was able to use many of the same tactics once again over the weekend to round up hundreds of peaceful demonstrators.

This time, the OPD upped the ante by arresting some six journalists --- in violation of both Quan's previous (apparently pretend) directives, as well as the Department's own supposed procedures --- even as each of the journos claim to have clearly identified themselves as members of the media prior to being detained nonetheless. (At least the OPD didn't shoot at them this time.)

Among those six journalists attempting to do their jobs, was Mother Jones' Gavin Aronsen, who has been covering the Occupy movement on the ground in Oakland and San Francisco for months. He is a superb journalist who I had the privilege of working closely with last year in the course of my "Secret Koch Tapes" exclusives that I ran at MoJo in September.

Here's Aronsen's appalling account of what happened before and after his arrest on Saturday in Oakland. It includes this passage near the end for additional context (and for those who pretend to care about the Constitution, who I will get to in a minute):

Oakland isn't the only Occupy hot-spot where police appear to be continuing to abuse their Big Government powers to violently strip private citizens of their Constitutional rights. In Washington D.C., one of the few cities where Occupy encampments, until now, have been allowed to remain in place, police have announced that will be coming to an end as of a Monday deadline. Today.

To prepare for their big day, over the weekend the D.C. Police distributed "eviction notices" and warmed up their Tasers, as seen in this outrageous video shot on Sunday in our nation's capitol...

Had that ever happened to one --- just one --- so-called "Tea Partier", this nation would likely have descended into an all-out shooting civil war by now. Yet similar police abuses have been seen against Occupiers in state after state.

Such that what is seen in the video above, and the other acts mentioned, were done to fellow citizens whose Constitutional Rights the "Tea Party" doesn't give two shits about, their fake "grass roots" "movement", apparently, couldn't care less about any of these clear cases of the very "Big Government Tyranny" and stripping of Constitutional rights that they have long been allowed to pretend they give a damn about. They don't. They care about nothing more than electing Republicans to office. Period. The Constitution has absolutely nothing to do with any of it.

[Now UPDATED with audio archives from tonight posted below!]

We're back again tonight (and tomorrow night) guest hosting the nationally syndicated Mike Malloy Show as the end of the hellish year draws near and the next hellish year will soon begin. LOTS to discuss tonight, so hope you'll tune in!

We're BradCasting again LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• THE GOP LOVES VOTER FRAUD! And tonight, I'll prove it! With lots of "fraud" news to cover from the caucuses of Iowa to the primary ballots of Virginia and beyond!
• OCCUPYING FOR ACCOUNTABILITY I'll be joined in studio by several OccupyLA'ers who will share their stories of horrific treatment at the hands of the LAPD, as we try to bring some accountability. Also will speak with the great independent citizen journalist/web-streamer Spencer "OakFoSho" Mills on his quest for accountability for LAPD Officer Escamilla.
• PLUS! More than I have time to mention here, and everything else that's on your minds as the 2012 circus is about to begin to begin, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: A whole lotta show in three short hours! Now you can listen to the whole thing in about an hour and half in the commercial-free audio archives posted below. I believe that you'll find it well worth the time! Money back if not! (And see ya tomorrow night!)...

Guest blogged by Ernest A. Canning

Buried at p. AA3 of the 12/28 LAEXTRA section of Los Angeles Times, beneath the headline, "Occupy protest plan prompts beefed up Rose Parade Security" ("Rose Parade security beefed up as Occupy plans protest" in the online version) one can find news of a significant accord. But you have to read closely.

The Pasadena Police Department and Tournament of Roses officials have agreed to furnish the Occupy Movement with a slot at the end of the parade, according to Los Angeles Times, which adds:

The question now is whether the corporate-owned media will include the Occupy portion of the parade in its televised coverage or cut away to commercials at that point. We'll be watching to find out.

* * *

UPDATE 1/2/12: Well, we now have our answer as to whether the corporate TV media covered the huge Occupy turnout at the parade. Your answer is now here...

[Now UPDATED with audio archives below!...]

We thought it'd be a slow-ish night while guest hosting the nationally syndicated Mike Malloy Show on Christmas Eve Eve tonight. Boy were we wrong! (We'll also be filling in next Thursday and Friday, by the way.) Hope you can tune in tonight! It'll be worth it!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising, pre-Christmas globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• A VERY MERRY CHRISTMAS SHOW! Man alive do we have a ton of good (and some less-than-good) news stories to, happily, cover tonight! Including, but not limited to, the voter fraud-charged GOP Sec. of State being ordered removed in IN yesterday; the DoJ's rejection today of SC's voter suppression law; the findings of flawed op-scan ballot machines in OH; the GOP folding in their attempt to raise taxes on 160 million Americans; Arrests in violent assaults on "Recall Walker" workers; news about Progressive radio staying on air in San Francisco; long-overdue new EPA rules to curb pollution and much more!
• LORI COMPAS, the leading organizer of WI's "Recall Fitzgerald" campaign, demanding an apology from state Senate Majority Leader Scott Fitzgerald who inaccurately claimed that she and her fellow petitioners were committing fraud in their signature gathering efforts to have him recalled along with Gov. Scott Walker.
• PLUS! Everything else that's on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: It was a Christmas miracle! Nothing but good news (mostly) on the Malloy Show tonight! How often does that happen?! (Ever?) Plus some rockin' holiday music from our awesome engineer Tony Sorrentino! Lots of stuff to keep you feelin' good over the holiday weekend, all now posted below, commercial-free as our holiday gift to you! Enjoy!...

Not to say we told ya so, but, ya know, we've been telling you so for years (and years.)

A new finding by the U.S. Election Assistance Commission --- a rare finding, first of its kind, in fact, as the woeful EAC has never before taken the time to investigate and report on serious failures of e-voting systems that it has previously blessed with federal certification --- reveals that ES&S paper ballot optical-scan systems used in a bunch of large swing states, result in machines freezing during elections, failing to log system events correctly, and, perhaps most troubling, ballots being misread and votes being lost entirely.

The EAC's "Formal Investigation Report" follows on April 2010 revelations by the Cleveland Plain Dealer that some 10% of Cuyahoga County (Cleveland)'s EAC-certified ES&S Precinct Count Optical Scanner and Unity 3.2.0.0 tabulator voting systems failed in pre-election testing last year.

The paper ballot scanning computers were purchased as a replacement for the 100% unverifiable Diebold touch-screen systems used previously in Ohio's largest county, after a massive analysis of all of the state's e-voting systems, overseen by former Sec. of State Jennifer Brunner (D), revealed serious security issues and other major flaws in the touch-screen voting machines used there and in many other states.

Relatedly, Diebold's own paper ballot optical-scan system has similarly been found, in the past, to include a flaw which results in votes being lost entirely, though the EAC never issued a warning about that system, to our knowledge, even after it led to hundreds of votes going uncounted in at least one election in Northern California (and lord only knows how many elsewhere that the same system is used.)

The new findings of the failures of the ES&S op-scan system led Plain Dealer reporter/blogger Laura Johnston today to worry: "If the company can't correct the flaw, the government could decertify the machines --- leaving Cuyahoga and jurisdictions [throughout] the country no way to conduct elections in a presidential year."

Um, did the citizens of Cleveland lose their eyeballs? Or the ability to add 1 + 1 + 1, Ms. Johnston? Yes, there are other ways "to conduct elections in a presidential year." For example, one could simply count the ballots by hand in public, at the precinct, in front of all voters, all parties and video cameras, and report the results right then and there before the ballots are moved anywhere --- just as they still do in some 40% of the towns in the "First-in-the-Nation Primary" state of New Hampshire.

The flawed scanners manufactured by ES&S, the nation's largest e-voting vendor, are currently set to be used again in 2012, not only in Ohio, but also in Florida, Illinois, Indiana, Ohio, New York and Wisconsin, among others states...

You might call it splitting the baby. Sort of.

Progressive radio will be allowed to remain on our public AM airwaves in San Francisco, though with major schedule shake-ups, the removal of its popular progressive branding and several bizarre additions to the line-up, including far Rightwing extremists such as former Fox "News" phenom Glenn Beck in the place of what had been one of Green960's most popular morning shows.

The latest move in the strange back-and-forth saga follows on radio giant Clear Channel's announcement just over two weeks ago, that Green960 --- the only AM Progressive Talk Radio station on the dial in San Francisco, one of the nation's most progressive cities --- would be banished from the popular public airwaves and sent to the radio-ghetto of the little-known and even lesser-received HD2 band. Its progressive programming --- featuring the likes of popular lefty-ish talkers such as Stephanie Miller, Thom Hartmann, Randi Rhodes, Norman Goldman and Mike Malloy --- would be replaced (with the exception of Rhodes, who is syndicated by Clear Channel's Premiere Radio) by yet another so-called "conservative" talk station, featuring extremists such as Beck and other Fox "News" regulars.

The move by the media conglomerate, now owned by leading GOP Presidential candidate Mitt Romney's Bain Capital, LLC, was to occur on January 3. The move would have left Rhodes as the only progressive voice on the entire AM dial in San Francisco, as of the first business day of the new Presidential Election year.

But a funny thing happened on the way to 2012 on Bay Area talk radio...

[UPDATE 12/21/11: Confirmation that Clear Channel will keep most of its progressive programming on the AM airwaves in San Francisco --- though with some bizarre changes --- is now detailed here...]

The only progressive AM talk radio station, Green960, in one of the nation's most progressive cities, San Francisco, may be allowed to stay on the public airwaves after all in the 2012 Presidential Election year!

Last week we detailed corporate radio giant Clear Channel's plans to remove Green960 (call letters KKGN) from the AM dial and send it to the radio ghetto otherwise known as "HD2," a band that requires a special receiver that very few people actually own. Adding insult to injury, the 960 spot on the AM dial would be replaced with Glenn Beck and other Rightwing talkers from Clear Channel's "conservative" talk station "Fox News Radio KNEW" which is currently on 910, but would move to the 960 frequency.

In the 910 slot, Clear Channel had planned to launch a new talk station, which would also include some Fox talkers, branded as "San Francisco's Talk 910 KKSF."

If plans move ahead as previously announced, the end result would be that --- except for progressive talker Randi Rhodes, who is syndicated by Clear Channel's syndication arm Premier Broadcasting and who would be allowed to keep her live Noon-3p PT slot on both the new KNEW 960, as well as the "HD2" schedule where the current Green960 line-up would be sent to --- there would be no progressive AM talk station on the air in San Francisco.

The entire shuffle was set to occur at the beginning of the 2012 Presidential Election year on January 3rd, a move that had raised at least a few eyebrows, as Clear Channel is now owned by the Mitt Romney-founded venture capital firm, Bain Capital LLC.

Well, now that entire plan, according to one industry website and several insider sources I've spoken to today, may be on hold and Green960's popular line-up of progressive talkers like Rhodes, Stephanie Miller, Thom Hartmann, Norman Goldman, Mike Malloy (for whom I am a regular guest-host, including on tonight's show), and others may be allowed to stay on the AM air after all!...

Guest blogged by Ernest A. Canning

Many of the individuals who were swept up by last week's LAPD raid on the Occupy LA encampment at Los Angeles City Hall were arrested even as they attempted to disperse in accordance with police directives, according to testimonials from some who were detained in the early morning hours of November 30th and held on misdemeanor charges for days after.

Their videotaped testimonials [some of which are posted below] both corroborate and reinforce the excessive force and post-arrest abuse charges detailed in our previous article on the Occupy LA raid, in which detainees charged that they were hand-cuffed behind their backs and left to languish inside L.A. County Sheriff's Department (LASD) buses for eight to nine hours without access to food, water, medicine, or toilets as they were left to urinate on themselves in their seats.

The details also suggest that these conditions were imposed upon innocent demonstrators who were the victims of indiscriminate, false arrests by law enforcement officials. Worse, one written account suggests the LAPD's misconduct included not only pillaging the encampment and police brutality, but even torture...

Guest editorial by Ernest A. Canning

"I think democracy is the most revolutionary thing in the world," former British MP Tony Benn said when interviewed by Michael Moore in Sicko! --- "more revolutionary than socialist ideas…because...you have the power to use it to meet the needs of your community."

"If the poor in the U.S. and Britain turned out to vote for people who represent their interests," Ben continued, "it would be a real democratic revolution."

There is a fundamental difference between guarding against being co-opted by the corporate interests which presently control the leadership of both the Republican and Democratic Parties and refusing to vote altogether as an infantile form of protest...

[UPDATE 12/16/11: Clear Channel may now be re-thinking their plans to dump Green960! Details now here...]

The only progressive AM radio talk station, Green960-KKGN, in one of the nation's most liberal cities, San Francisco, is being taken off the AM dial by radio behemoth Clear Channel Communications, Inc. --- a media conglomerate now owned by Mitt Romney's Bain Capital, LLC --- at the beginning of the 2012 Presidential election year.

Adding insult to injury for progressives in the Bay Area, the 960 slot on the dial is being replaced by Clear Channel with the likes of Glenn Beck, Fox News Radio's John Gibson and other radical Rightwing talkers, according to a press release [PDF] issued by the media giant last week, touting, in somewhat Orwellian terms, their "goal of expanding talk radio in San Francisco."

"We saw the opportunity to expand our footprint in this crucial arena as we head into an election year and a population increasingly engaged in local, state, and national events and activism," says Clear Channel's San Francisco Director of Operations Don Parker in the release.

The expansion will amount to moving Green960's current schedule of progressive talk shows off the AM band, and on to FM's HD2 radio ghetto where it will become a largely automated "robo-station," according to several radio insiders familiar with the station and Clear Channel's plans for it. The station which was formerly Green960 will have the catchy new name "FM Progressive Talk 103.7-2" at its new home, if listeners can find it.

The new Rightwing format taking its place on 960 will be known as KNEW, which is currently at 910 on the AM dial featuring a number of Fox News Radio programs. The 910 position will then be filled with a new talk format being developed by Clear Channel called "San Francisco's Talk 910 KKSF," which will also include some Fox News Radio veterans.

One bright side for progressives in San Francisco, the popular Randi Rhodes, who is syndicated nationally by Premiere (Clear Channel's syndication arm) will continue in her current live Noon to 3p PT slot on the new KNEW-960. She'll also remain in the same live slot in the progressive line up on the HD2 band, though few are likely to hear her there, as very few Americans actually own an HD radio receiver.

Rhodes tells The BRAD BLOG there could be a potential upside to the format change which will leave her progressive voice, as well as Bill Press' in the pre-dawn hours, sprinkled in among the far Rightwingers.

"I never want to see Progressive voices lose ground, but hopefully we can build on the new HD channel," Rhodes told us via email on Friday. "It does look like the beginning of the end of 'conservative format purity' has started. That's a change in the industry that I've been fighting for for a long time and I'm happy to be part of it."...