Jack Thompson's Louisiana Game Law Ruled Unconstitutional by Federal Judge

Jack Thompson's Louisiana Game Law Ruled Unconstitutional by Federal Judge

November 29, 2006
A Federal District Court Judge has dealt a fatal blow to Louisiana's video game law.

The statute, drafted by controversial Miami attorney Jack Thompson, was ruled unconstitutional earlier today by Judge James Brady (left).

In August Judge Brady issued a temporary injunction which blocked the law from taking effect. That ban is now permanent.

Thompson did not respond to an e-mail request for comment. Nor did the Louisiana Attorney General's Office.

It is unclear how the Louisiana ruling may affect a pending video game bill in Utah, which Thompson also helped draft, but it certainly doesn't bode well for the legislation.

Of the ruling, Sean Bersell, VP for Public Affairs of the Entertainment Merchants Association (EMA), said:
We're having a good week.

Also for the record, EMA acknowledges the outstanding work of the legal team, led by Paul Smith and Katie Fallow of Jenner & Block. They have done fantastic work, both on the pleadings and in the courtroom, in this case and the other seven video game cases they handled in the past five years... In doing so, they have not only ably represented their clients, but they have protected the First Amendment rights of all Americans.

Comments

*Yoda voice*

In the near future an appeal I sense, yes.
Great news! Great, predictable news!
Really, has Jack Thompson ever even tried to explain why this bill was any better than the others?
I doubt there will be an appeal, it wasnt long after the law passed that the Lousianna legislators realised it would not hold before a judge. I doubt they will waste taxpayer's money (again that is) for an appeal.
Yeah. Even those who supported it were only doing so because it would turn up on their opponent's campaign literature if they voted against it.
@the1jeffy
This isn't the Legal Action you're looking for.

I'm with Nuiembre on this one. Since the lawmakers actually REALIZE that it wouldn't hold up, I doubt they'll try an appeal. They might re-write the law and submit it again, but not appeal it.

Though. It gives me a little warm glow to see Jack's attempts fail... Again... and again... and again.
Remember, JT believes the First Ammendment is not all-inclusive or all-powerful. He has stated so much in numerous interviews.

He still believes this law to be constitutional...from his point of view. Which, of course, isn't always quite rational or sane.
Hmm you this is what happen when an Appeals Court sets precedent for you. Too bad Michigan isn't dumb enough to take it all the way up. Setting a SCoTUS Precedent on the subject matter.

Also I am guess Judge Brady had some pretty compelling evidence presented before him to rule so swiftly.

Now Stay tuned for the following:

--Thompson accuses Judge Brady of being in the pockets of the Game Industry or Blank Rome. He'll probably find an obscure connection.

--Thompson blames the failure on the Louisiana AG since this was a Constitutional Law and only got overturned due to the fact that it was poorly defended.

--Thompson blames the Governor's Office since they wouldn't make the AG let him participate in the defense.

--Thompson makes a grandiose statement that if he were allowed to defend the law with "his" experts, he would have won, and the law would be in effect.

--Thompson calls Burrell, The Louisiana AG, The Governor, The Governor's attorney, and Brady names in a poorly worded grandiose email sent out to about 1000 members of the press, most of who won't read it.

In fact most of the previous events will occur in email in the last event.
So Jackoff got posterized again, huh? I bet his son's so proud. At least he'll never have any trouble measuring up to his old man; he was twice the human being Jack is by his first birthday.

Off topic, does anybody remember when the Posey civil case starts?
Thompson makes a grandiose statement that if he were allowed to defend the law with “his” experts, he would have won, and the law would be in effect.

I'll vote for that one. He already had his temper tantrum where he took his experts and went home. A true crusader would have stuck it out and fought harder if he knew the AG's office was being lazy. Only losers cut and run. (Realists do a fighting strategic withdrawl, but they certainly don't blame their allies while doing it...)
This has given my day such a lift! Who's Nostradamus now, Jack?! All happiness aside, he will most likely try to appeal it, simply because he is a sun sponge and the spotlight is the only thing that will allow him to suck up its rays. Even then, it's starting to break and run. Have fun in Obscurity, NOC (No One Cares), Jack. Send us a postcard!
I agree with all of what Tollwutig said except for the poor grammar.

This is a pleasant non-suprise and I can't wait until the posey trial!
dun dun dun. Another one bites the dust.


Join me guys and girls
@Gordon Frohman

More like Another one rides the bus...straight to Unconstitutionalville.
It's times like this I'm proud to be an American. Or I would be, if I were. You know what I mean. Rights are more important than wrongs.
@ Gordon Frohman

Another one bites the dust-a!
Another one bites the dust-hey-hey!
Another one bites the dust!
Another one bites the dust heeeyeeeyyyeeeyyeeyyeeyeeyeeyeeyeyyy!!!


@ JBT

HA-HA!
I'm not sure if he'll appeal this. I saw something on Kotaku earlier today about JT trying to pin some kids in a po-dunk town making "acid bombs" on GTA http://www.kotaku.com/gaming/skowhegan/--skowhegan-detective-217875.php
VICTOTY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Jack Thompson lost and Wacko Jacko is completly DEE DEE DEE! Gamers and the video game industry win again! HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA I can't stop laughing at Wacko Jacko for being an idiot Jack Thompson SUCKS!!!!!!!!!!!!!!!!!!!!! Here's a quote just for Jack Thompson, or Wacko Jacko, this is from one of my favorite T.V. shows, "Mind of Mencia," one time my favorite comedian, Carlos Mencia, was making fun of DEE DEE DEEs and he said, "How many idiots can there be? You're the DEE DEE DEE." That was hilarious, and is right for Wacko Jacko.

Hey, the year's not over. Jack Thompson should go ask Carlos Mencia if he qualifies for a DEE DEE DEE of the year award. He would probably get the highest honor for being a moron, a primate, a complete retard, a turd, a whining little idiot and having the I.Q. of a cavman!!!!!!!!! You know, I thought cavemen were gone until I heard about Jack Thompson and David Grossman. Only they're a rare species!!!!!!!! They're golddigging cavmen.

Hey, Jack Thompson, you want a banana you primate you? Let me help you out, you put it in your mouth. You know, the part of your body that tells lies all the time and tries to get innocent video games banned? Yes, that part. Oh, I'm so sorry. I'm putting down primates and cavemen by calling Jack Thompson one. Actually he's even more retarded and cavemen and primates are much smarter than he is!!!!!!

Jack Thompson is lower than dirt and by this I don't mean to insult dirt. He's the lowest thing on this planet and he's a liar and a turd. Both he and David Grossman are turds and their lies reek of feces!!!!!!!!!!! They both SUCK and, as Carlos Mencia would say it, they're DEE DEE DEE!!!!!!!!!!!!!! To put it simply David Grossman and Jack Thompson, or Wacko Jacko, SUCK and they need to stop poluting the ozone with their lies and Carlos Mencia ROCKS!!!!!!!!!!!!!!!!!! He rocks because he knows how to insult morons!!!!!!!!!!!!!!!!!!!!!
For Immediate News Release


11/29/06


Jack Thompson's Constitutional Bill Hammered Down By Video Game-Influenced Judge

As unorthodox and abrasive violence expert John B. Thompson had predicted, his constitutionally questionable bill was rejected today by Judge James Brady due to the influence of Blank Rome, the law firm protecting the godless sodmites, Take-Two Interactive, who make and sell the murder simulator, "Grand Theft Auto".

In August of 2006, Brady issued a temporary injuction to block the most important bill to hit the Lousiana state since the Jim Crow laws. For this reason, Thompson got on the horn with the Attorney General of Lousiana afterwards, demanding that the law be re-appealed. However, as fate would have it, the AG was also on Take Two's blood money payroll.

Even more disturbing was that the Governor's office did not allow Thomspon to defend the bill with his violent media experts. These experts included National Institute on Media & Family's David Walsh and a senile homeless person that lived across the street from the courthouse.

As of now, Thompson is focusing on filing suit against Rockstar Games for their involvement in the recent "acid bomb" scare in Skowhegan, Maine. Unfortunately, the link between the two is at best scarce but Thompson knows that the two teenagers who caused this incident were motivated by the 'Grand Theft Auto' franchise.

Hooah!

Contact Hack Thompson at XXX-XXX-XXXX


I haven't done one in a long time. :)
Just to be the first to say it. JT you have been Pwned. Bitch.
Great job to the judge for being smart and ruling that the law was unconstitutional
On the "acid bomb" incident in Skowhegan:

http://kennebecjournal.mainetoday.com/news/local/3370628.html

I used to live in Augusta (the Kennebec Journal is Augusta's daily rag) so do consider the source. Lack of research on this is simply astounding.
@ Jabr:

Frankly, Jack's decision to withhold his "experts" was probably more pragmatism than anything. From Jack's perspective, his bill was going down in flames because the Louisiana AG just wasn't doing his job correctly. Rather than have his expert's testimony summarily debunked in this failing trial, Jack withheld them to keep whatever credibility they had intact for the next stop on his circus tour.
@ AgnostoTheo

LOL, perhaps you and Nuiembre are correct. I had forgotten that JT wasn't directly involved with this case, he only helped author the bill. (And subsequently JT cannot appeal it) And was denied amicus status. And then said that this bill will not hold up without his 'stable' of experts.

Now I remember . . . . .

Those were good times.
@PyroHazard
I think that's a bit unfair to David Walsh. I'm not terribly fond of the guy, myself, but he's still miles above Thompson.
[...] Hot off the presses, straight from Gamepolitics.com: “A Federal District Court Judge has dealt a fatal blow to Louisiana’s video game law. [...]
@PyroHazard
I think that’s a bit unfair to David Walsh. I’m not terribly fond of the guy, myself, but he’s still miles above Thompson.


That "jab" at Walsh wasn't intended for him but it was reference to Thompson claiming he was still using Walsh as an expert after NIMF severed ties with him.

The senile homeless person on the other hand, totally deserved it. He stole $2.50 from me and a hogey.
Ha Ha!!!!!!!!!!!!!!!! well thats good news to hear
I'd just like to say: Ahahahahahahahaha ......ha.
Look at what I had to say up there about Jack Thompson. It's damn hilarious.
David Walsh is just as much a liar than JT. The only difference is that Walsh is more mature.
YES!!! Constitution FTW!!! *starts dancing*
@Zerodash
I disagree. David Walsh, to my knowledge, has never come out with bald-faced lies. He might misunderstand, or perhaps even bend the truth to an extent, but not nearly the way Thompson does.
THANK GOD. The crazier thing is that our quack governor backed it.

And as for whether they'll waste taxpayer money, you bet your ass they will.
Toll,
All you had to do was say:
Thompson will hold everyone else responsible for it's failure except himself. In other words, Thompson will do what he always does when he fails.

Oh, and....

DUFFY! I SAW DUFFY! YEA! DUFFY'S AROUND AGAIN! :)

nightwng2000
NW2K Software
Great. Now all we need is for the California and Oklahoma bills to be struck down and that's the end of it. At least until next year. But here is hoping no legislator is stupid enough to pass another anti-gaming bill after all these consistant failures. I don't keep my hopes up though.
Yo nightwng whats up yea from time to time u'll see a post if i have money to get online
Wow, that was so completely expected. In fact, with news stories like this, we've got plenty of room to ponder all the breaking Wii wrist straps for the Wiimotes or something. Don't ask me why that would be political but really, who didn't see this verdict coming?
Thats true i aint been on in a few months and i knew something like that would happen
He good to see you around again Duffy even if temporarily :)

Yeah, I could punch the air and mention the Constitution, or point out the blatant hypocrisy of JT even attempting to say that this was a constitutional law, but it's nothing that either side of the debate weren't already fully aware of.

So I'll just nod, and say 'Good'. :)
So Jack is still going after games huh? He just doesn't know when to stop does he?
Its jack thompson and he will attack games no matter what..look what happened a few weeks ago with mk armeggeddon
Good riddance to bad rubbish. This law took quicker to pass, block, and overturn than it's taking for a final decision in California. The press release from Yee's office says a ruling is "imminent." Let's hope so.
since i been out of the gp loop what was this bill trying to do?
@hilaryduffgta

Same as all of the other bills. Trying to place violent video games under the same type of restrictions as hardcore pornography and claiming they're harmful to minors.
Yawn!!!


when will they learn?


nevermind thats asking too much
Jack's responses have proven one thing...

He's paranoid.

Honestly, this, if anything, will land him a "no job" card, out of his suit and into a straightjacket.
@Daniel:

Bro, I hate to say this, but I think you should tone down your posts. I know you're enthusiastic and that's great, and we all know how much you hate Jack, but you're coming off all wrong. The miles of text in which you keep repeating the same things in a fanatical tone are actually self-defeating because it's causing you to not be taken seriously.

I strongly urge you to slow down when you write, try to condense the things you want to say, and above all try to bring more to the table than just "violent games are ok for everyone because I played them and I turned out fine", or "Jack Thompson's a retard". Even though he is. =)

Some of the guys have already gotten on you about this, and I'm not trying to pile on, but I haven't seen much difference from when you first started posting. Remember that as much as we enjoy a good insult, most of us are here for at least semi-serious discussion and/or debate.
Wait someone hates jack more then i do??
@Hilaryduffgta

Probably himself in truth.
I just hope we have a new JT-like guy. It's just very interesting to hear the threats of a madman *cough* --conservative--*cough* oy.
I've paid my dues -
Time after time -
I've done my sentence
But committed no crime -
And bad mistakes
I've made a few
I've had my share of sand kicked in my face -
But I've come through

We are the champions - my friends
And we'll keep on fighting - till the end -
We are the champions -
We are the champions
No time for losers
'Cause we are the champions - of the world -

I've taken my bows
And my curtain calls -
You brought me fame and fortune and everything that goes with it -
I thank you all -

But it's been no bed of roses
No pleasure cruise -
I consider it a challenge before the whole human race -
And I ain't gonna lose -

We are the champions - my friends
And we'll keep on fighting - till the end -
We are the champions -
We are the champions
No time for losers
'Cause we are the champions - of the world -


Still undefeated.
Just curious...but does anyone remember planting a bomb in a mall in GTA? I mean it's been a while...but I don't remember.

I'm assuming this is Jack making things up again, but I'm just curious.
*Yawn* Finally. About time. I wonder how roy burrell is taking this.


Welcome back, duff.
@hayabusa75
Okay I'm not the only one then.
In vice city you put a bomb into a bar in the mall because they failed to pay their protection money. However it was high explosives not acid bombs.
you really can't take that Skowhagen news report serriously, i mean they didn't even do enough research to know that Jack is not a lawyer from Massachusettes (SP?)

serriously if they can't do enough research to properly identify the people they are interviewing, how can you trust them to have done any research at all on the story they are "reporting" on
God, why haven't I gotten around to posting here on GP for so long? At any rate...

La. anti-game bill gets shut down... we all saw that coming. Still, I would've felt a lot better if they never passed it in the first place (and therefore avoided wasting hundreds of thousands of taxpayers' dollars), but still.

Anyhow, Jack Thompson, if you're reading this...Is this a great country or what?!

(I just used one of JT's frequent sayings (at least from his "Immediate Press Releases" he pollutes Joystiq with) against him. Does that make me any less of a human?)

And to reply to a few of you...

@Hilaryduffgta: The answer to your question: YES. (*points to himself*)

@Grahamr: That's a good question. Maybe Burrell will apologize for his part of the whole thing (I remember him say something about an apology... I think). Yeah, it would be interesting to see how he'll react to it...

(*kicks himself for not posting on GP for so long*)
OH SNAP!


now to who was this a surprise?
This law was so similar to previous legislation, and therefore so obviously unconstitutional, I simply assumed that the anti-game-violence lobby were using this as part of a more cunning long term game plan.

Well, don't I feel stupid.
Oh, and if I ever meet Paul Smith or Katie Fallow of Jenner & Block, I'd be buying the beer.
"Thompson did not respond to an e-mail request for comment. Nor did the Louisiana Attorney General’s Office."

What a surprise. He only opens his mouth when he thinks he has something negative about the industry to say. When hes on the losing end of things (again) he goes silent.
As of right now, Google Advanced News Search for "Jack Thompson" produces a bare few reports, pretty much all are by gaming news sites, or by computer news sites. The UK's "The Inquirer" takes it's story from one of the other sites.

Here are three, pretty much the same, though 1 mentions that John Bruce sommented to them:

http://www.gwn.com/news/story.php/id/10828/
http://arstechnica.com/news.ars/post/20061129-8320.html
http://www.gamespot.com/news/6162486.html

nightwng2000
NW2K Software
No suprise, this bill didn't even have a chance to take off. It more or less exploded on the run way. Jack proably hasn't returned any e-mails yet because he hasn't thought of any thing "witty" to say. And by witty, i mean stupid. But all in due time, He'll say something eventually that is equally dumb to what he's been spouting before. He'll be all like "The only reasion it didn't work is because bla bla bla." and every one will be like "Nope, teh e-mail suxorz." then we'll be all like "lol failed" Just like the time befor this one, and befor that, and befor that.....
Is there PDF text of the ruling available yet? Thats always a lot of fun to sit down and read those.
Ah, now for the obligitory Anti-Thompson joke:
http://www.homestarrunner.com/sbemail161.html

Replace JT's name with Homestar's and you have the framework for satire.

Besides, I see this whole "violent games" issue as a case of natural selection. The kids fucked up because they either did not possess an inate ability to separate fantasy from reality and control impulses, or this was never implemented by the parents.
This is good news. I mean, honestly. Which one of us didn't see this comming.

-Auto
I knew about the incident in Skowhegan since I live in Maine, but I had no idea Jack Thompson was sticking his ass into it. The last thing I want is his antics in my backyard... hopefully the Morning Sentinel publishes my letter to them so people can read about his failed campaign against Bully and get an idea of his lack of credibility.
[...] BREAKING: **** ********’s Louisiana Game Law Ruled Unconstitutional by Federal Judge Louisiana Passes ******** Bill [Kotaku] [...]
I think this deserves one nice... big...

PWNED!!!
[...] I have some theories as to why this might be. Certainly, Jack’s name seems to pop up alongside bad or unconstitutional video game laws from time to time, but honestly Hillary Clinton has probably done more to attack individual freedoms with regard to the reasonable enjoyment of video games. You don’t see people publicly expressing their hatred of her in t-shirt form… well, at least not on t-shirts purchased from ThinkGeek. [...]
wow politics are not only douche bags but they are also fucking retarded
[...] L’affaire a donc tourné au cirque, et finalement cette loi a été déclarée officiellement anticonstitutionnelle. En conséquence, l’Etat de Louisiane devra payer 157 000 dollars à l’industrie du jeu vidéo pour le préjudice causé. [...]

GamePolitics ShoutBox

Posted 11/08/09 at 01:07am
Austin_Lewis: Health insurance, brought to you by the same kind of bureacrats who couldn't, in timely fashion, investigate the comments of any of the men Obama appointed Czars. Or their past. Or their history of not paying taxes.
Posted 11/08/09 at 01:06am
Austin_Lewis: Yes, and what a piece of crap it was. Arresting and fining people just because they don't make a personal choice to buy healh insurance, creating over a hundred new bureacracies, and worse.
Posted 11/08/09 at 12:24am
ZippyDSMlee: JDKJ:the only trouble is a bunch of witless hacks wrote it....its going to be a train wreck....
Posted 11/07/09 at 11:33pm
JDKJ: BREAKING: In a photo-finish at the wire, House passes health care reform bill. Relatedly, in a fit of pique, Austin Lewis kicks innocent dog.
Posted 11/07/09 at 04:27pm
ZippyDSMlee: man I got alot of junk and dup files too >< god I need orginization...and no not the knee capping media mafia kind :P
Posted 11/07/09 at 04:26pm
ZippyDSMlee: replaced :P
Posted 11/07/09 at 04:23pm
ZippyDSMlee: beemoh:hey its like 60GB porn,400GB anime 100GB games and crap I have took from all my DVDs, I hate waiting on dvds to install stuff..... oh and 40GB of my porn was in the found.000 folder...mostly corrupted.... least I got names of wut needs to be repa
Posted 11/07/09 at 04:18pm
beemoh: @Zip: ...and you'd have to spend all that time re-downloading that porn?
Posted 11/07/09 at 03:34pm
ZippyDSMlee: ggrrrrr......vista lost one of my hard drives and I had a heart attack thinking I lost 1TB of data....
Posted 11/07/09 at 10:58am
JDKJ: Which could be explained by both (a) and (b).
Posted 11/07/09 at 10:56am
Austin_Lewis: JDKJ: You forgot C) the fact that, for some reason, every time he did something that would suggest he shouldn't be in the military, let alone an officer, higher ups ignored it or let it slide.
Posted 11/07/09 at 10:51am
JDKJ: Part of the problem is, I believe, that (a) the Army had a lot of time and money already invested in him and which they were unwilling to simply write-off and (b) an increasing need for the type of skills and services he provided.
Posted 11/07/09 at 10:48am
JDKJ: And that even if he was begging not to get cut loose, he was apparently a real good candidate for being cut loose, anyway.
Posted 11/07/09 at 10:11am
JDKJ: @chada: And while Kennedy once noted that there's usually more than enough blame for everyone to get a slice, the possibility that the Army was unwilling to cut loose someone who was asking to get cut loose could be a factor.
Posted 11/07/09 at 10:07am
ZippyDSMlee: *noms on his feet*..nomnomnomnom*droooll* ...wuuutttttt uuu looking at?
Posted 11/07/09 at 10:05am
JDKJ: I'm no psychologist, but I'm told that crazy people have a tendency to do crazy things.
Posted 11/07/09 at 10:03am
chadachada321: Whoops, was out of the convo for awhile. I do wonder what type of ammo he used etc, but the real issue is WHY he did it, not HOW
Posted 11/07/09 at 09:56am
JDKJ: But if it turns out that they actually did, they'll have Hell to pay.
Posted 11/07/09 at 09:45am
JDKJ: And I'd tend to rule out the possibilty of FN Herstal supplying restricted ammunition to someone merely because they're ordering it from a military base.
Posted 11/07/09 at 09:37am
JDKJ: I know you don't leave your gated community and get around much in dark alleys, so you may be surprised to learn that there's this thing called "the black market" where, if you've got enough money, ain't too much of anything which can't be bought.
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