HARRISBURG, Pa. - Opponents of a new state law requiring voters to show photo identification at polling places on Election Day are calling it a major victory. A Pennsylvania judge has ruled that the law cannot be enforced, because voters haven't had proper access to the new state-issued photo ID cards.
However, David Gersch, an attorney with Arnold and Porter LLP who argued against the law in court, says the issue has not completely been put to rest.
"This ruling simply holds that people can vote in November without having ID. But there's no ruling, as of this point, that the law is constitutional; there's no ruling that the law is not constitutional."
Vic Walczak, legal director for the Pennsylvania chapter of the American Civil Liberties Union, says he wants the state to put an immediate halt to radio, television and bus ads that tell Pennsylvanians they need identification to vote.
"Otherwise, there is a possibility of confusion by voters, and folks without ID may just stay home because they wrongly believe they need ID. It could promote confusion among poll workers - and any time you have confusion on Election Day, it's not a good thing for democracy."
The state can appeal the ruling. Walczak suggests that's a decision that may have to come quickly - in the next day or two. He says the Pennsylvania Supreme Court is scheduled to meet in Pittsburgh in less than two weeks.
"It's our belief that the court was looking at that week as when they might hold a hearing on any appeal, and if that's the case, then certainly there would be time for the court to consider an appeal by either side."
Groups including the ACLU of Pennsylvania, Advancement Project and the Public Interest Law Center of Philadelphia all claim the law would have disenfranchised hundreds of thousands of Pennsylvanians on Election Day. Those who back the voter ID law counter that it would help prevent fraud and maintain integrity at the polls.
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In a blow to free speech and the right to assemble, the U.S. Supreme Court recently declined to hear a case involving the rights of protest organizers in Mississippi, Louisiana and Texas.
McKesson v. Doe stemmed from protests over the 2016 police killing of Alton Sterling in Baton Rouge, Louisiana. A protest organizer faced charges after a police officer was injured by the actions of an unknown protester.
Cicley Gay, board chairwoman of the Black Lives Matter Global Network Foundation, said an opinion by the Fifth Circuit now stands, allowing an organizer to be held liable for the individual actions of others at a protest based on negligence.
"This case without question infringes upon all of our First Amendment rights," Gay contended. "It's incumbent upon us to reject its premise and its intention, which is, frankly, to scare champions of justice and organizers away from mass protest."
The Fifth Circuit covers Mississippi, Louisiana and Texas, and Gay noted the First Amendment still protects the right to assembly. Black Lives Matter protests have attracted diverse groups of people and a Harvard study shows 26 million participated in protests in 2020.
Protesting at college campuses across the country has been on the rise, with students complaining law enforcement involvement has made matters worse. Gay argued it is important for Mississippians to remember Martin Luther King Jr. and understand protest is at the core of every successful social movement in this country.
"We want our young people to be able to continue to raise their voices," Gay emphasized. "Oftentimes, protest is not pretty. It is intended to disrupt. And as long as people are doing it peacefully, they should be entitled to do so."
Gay stressed the Fifth Circuit decision essentially eliminates the right to organize a mass protest because organizers could be held financially liable if even one protester commits an illegal act.
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A new statue at the U.S. Capitol honors Arkansas civil rights activist Daisy Gatson Bates.
The eight foot bronze statue is in the National Statuary Hall.
Bates has a newspaper in her arm, is holding a notebook and a pen, and is wearing a National Association for the Advancement of Colored People stick pin.
She and her husband owned and operated the Arkansas Weekly newspaper - that was devoted solely to telling the stories of the Civil Rights Movement.
Current president of the Arkansas NAACP Barry Jefferson said Bates is best known for her work with the Little Rock Nine - the students who integrated Arkansas public schools in 1957.
"When they was desegregating Little Rock Central High school," said Jefferson, "she stood and fought for that and stood with them and walked them in every single day."
After working with the Little Rock Nine Bates continued to fight for Civil Rights and was a speaker at the March on Washington in 1963.
She was president of the Arkansas NAACP from 1952 to 1961.
Each state can place two sculptures in the Statuary Hall. The Bates statue replaces one of a little-known 19th century Arkansas resident.
The decision to honor Bates had bipartisan support. Jefferson said the move is a sign that Arkansas is evolving.
"It's saying that we're trying to move in the right direction, and rewrite the wrongs that have happened for the state of Arkansas for Black people," said Jefferson, "by presenting her statue at the National Capitol to show that - hey, Arkansas is trying to grow, Arkansas is trying to move forward."
The third Monday in February is Daisy Gatson Bates day in Arkansas. She died in 1999 and was posthumously awarded the Medal of Freedom.
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The American Civil Liberties Union of Texas says it is monitoring protests at college campuses, after almost 60 students protesting the Israeli-Palestinian conflict were arrested during a demonstration at the University of Texas in Austin.
State troopers on horses and in riot gear were called in to control the crowd. ACLU Staff Attorney Brian Klosterboer said students planning to participate in peaceful protests should know their rights.
"We encourage everyone to follow the guidance of law enforcement even if they believe that law enforcement might be violating their First Amendment or constitutional rights," said Klosterboer. "It's important that people try to stay safe. Remember, they also have a right to remain silent. You can ask if you are free to leave."
Charges were dropped against the protesters in Austin. Students also held a sit-in at the University of Texas in Dallas and a walkout was held at the University of Texas in Arlington.
Following the arrests of the protesters, Texas Gov. Greg Abbott said on the social media platform X that the students belonged in jail, and accused them of hate speech.
Klosterboer said when state officials attack free speech, they undermine the core of democracy.
"Texas public universities were specifically designated by Gov. Abbott as traditional public forums," said Klosterboer. "That's where students and others who are engaging in any kind of speech, whether it's passing out Bibles and religious literature or engaging in protests for human rights. That's where free speech is at its apex."
He added that if someone feels their civil liberties have been violated, they can file a complaint on the ACLU website.
The demonstrations in Texas are part of nationwide protests calling for a ceasefire between the Israeli forces and Hamas.
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