December 1, 2006
As GamePolitics readers know by now, Federal District Court Judge James Brady tossed out Louisiana's video game law in a Baton Rouge courtroom on Wednesday.The statute - authored by controversial attorney Jack Thompson - was ruled unconstitutional from the bench by Judge Brady. While GP has tracked a number of failed video game laws, Louisiana's is the first we can recall that drew such an abrupt dismissal. Typically there is a delay followed by the issuance of a written permanent injunction.
In Louisiana, however, Judge Brady granted the video game industry's motion for summary judgment on the spot. You can read his brief summary judgment order here.
The most significant document in this case, however, is the preliminary injunction order issued by Judge Brady on August 24th. His summary judgment order actually points the reader back to that ruling in order the understand the legal rationale. Excerpts from the preliminary injunction ruling include:
The State’s argument overlooks a line of cases holding that video games are protected free speech…
Defendants (Louisiana) contend that the legislative record contains social science evidence demonstrating that violent video games are harmful. It appears that much of the same evidence has been considered by numerous courts and in each case the connection was found to be tenuous and speculative…
The evidence that was submitted to the legislature in connection with the bill that became the statute is sparse and could hardly be called in any sense reliable…
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