Schwarzenegger Appeals CA Game Law As Industry Seeks $320K Legal Fees

Schwarzenegger Appeals CA Game Law As Industry Seeks $320K Legal Fees

September 5, 2007

The political battle over video games heated up today in California as both sides made strategic moves.

State Sen. Leland Yee, via press release, applauded Gov. Arnold Schwarzenegger's promised appeal of last month's federal court ruling that California's 2005 video game law was unconstitutional. Said Yee:
 

I am very pleased to see the Governor's commitment to this issue. This is a common-sense law that empowers parents by giving them the ultimate authority over whether or not their children can play in a world of violence and murder.


For his part, Gov. Schwarzenegger added:
 

We have a responsibility to our kids and our communities to protect against the effects of games that depict ultra-violent actions. These games are for adults, and the law I signed ensures that parents have the chance to determine which video games are appropriate for their children.


Yee wasn't finished:


 

The deliberations in this case took over a year, which shows that the ever-growing body of evidence that violent video games are harmful to children is getting harder and harder to ignore. The medical data clearly indicates that these ultra-violent video games have harmful effects on kids, and thus we have a state interest to protect them.


 

 The $31 billion video game industry has fought any attempt at regulation every step of the way. They fought efforts to publicize their rating system because they thought it would impact sales, and now they're again putting their profit margins over the rights of parents and the well-being of children.


Meanwhile, an ESA press release announced that the video game industry would seek to recover $324,840 it spent in legal fees battling California's law. Said ESA boss Mike Gallagher:
 

California citizens should be outraged at their elected leaders. Hard-earned tax dollars were spent on defending this law that California's state leaders knew was unconstitutional. Before Senator Leland Yee [the bill's sponsor] proposed this bill, federal and district
courts across the country ruled that the path California was taking would run afoul of the First Amendment.


 

From early on, the industry warned Governor Schwarzenegger and Senator Yee that this bill was unconstitutional and would be thrown out by the courts and that California taxpayers would pay the cost. 


 

We lead in providing caregivers the most comprehensive and effective information and tools to control the content used by their children. And, we invite California legislators, community leaders, family advocates, and the Governor to work with us - as policymakers in Utah, Oklahoma, and Rhode Island already do-in raising awareness and usage of the resources provided.


GP: We should point out for clarity's sake that the timing of Gov. Schwarzenegger's appeal and the ESA's claim for legal expenses are unrelated to one another.

Comments

*sigh* Its really disappointing to see this. What really outrages me is that people like Arnold, and Leland actually think what they doing is right, or they are putting up a damn good front.

Its...its one of those things. I get so upset, but its so hard to counter it.

Its like dealing with the insurgents in Iraq. The people practically brain wash their fellow citizens into blowing themselves up. Its nearly impossible to counter that. :(
"Yee is not up for re-election. He can’t, state rules. So why is he wasting his time on a clearly do-nothing fluff bill that has only been put forth in other jurisdictions by people wanting to prove they’re “strong on morality” in order to get re-elected?"

He can't get re-elected, but he can get elected to some other role, either in California or in the Federal Government.

He could also be showcasing his "strong convictions" and "moral backbone" while interviewing for some morality police position on a juicy role with some think tank.
Damnitt. I live in California. This is coming out of my wallet.
Talk about the ultimate vision of double standards...
Actually, a failed appeal would work very much in the industries' favour in the long run. It's not the 'evil game industry' that is consistently shooting Yee and Co. down, it's the fact the law is unconstitutional, that isn't going to change, no matter how often Yee tries to pretend that the word Causal appeared in one of these scientific reports.
Remember, kids. An election year is coming...
Look Arnie, we all agree that your probably the only Republican we can stand, but for Fuck's sake, don't invade your states Civil Liberties.
I think this just goes to show that politicians don't really care about the people they serve, it's about political gain and keeping your face in the media. It's a shame our government continues to become involved in what is obviously nothing more than the topic of the month.

Just to add, I really hope some one has the sense to sue Governor Schwarzenegger for all the viloent fims he made and contributing to the "obvious" problem.
Parents already have the ability to choose what media is or is not appropriate for their children to consume. I also find it somewhat disengenuous that a former actor, who has starred in his fair share of "ultra violent media" has the gall to condem it. Of course this is California we're talking about.
So wait...the video game industry says tax-payers should be outraged at the spending of tax dollars for this...but also wants 320k of California taxdollars? lol...
So, I wonder what the Governators opinion on movies that depict violent actions is?

Ah well, it's not their money, so I don't suppose they care of they throw it away.
Wow, a Republican and a Democrat both agree on something. I'm amazed and somewhat disgusted that what they agree on is how video games are evil.
"The medical data clearly indicates that these ultra-violent video games have harmful effects on kids, and thus we have a state interest to protect them."

On this quote alone, Senator Yee should be ousted from the senate. This is a blatant lie.

How come that a senator that blatantly lies keeps his place, while a senator who does something in the bathroom of a bar with some other guy is considered less trustworthy, even though it has nothing to do with politics and is in essence a private matter ?
Yet more taxpayers money being wasted on a useless and unimportant non-issue. It's too bad the ESA and video game companies can't sue the politicians themselves for perusing these laws. I doubt they'd defend these laws if the money came out of there own pocket.
Politicians lie for their jobs. That's how they became Politicians.
and now they’re again putting their profit margins over the rights of parents and the well-being of children.

You know what I don't get? Yee is not up for re-election. He can't, state rules. So why is he wasting his time on a clearly do-nothing fluff bill that has only been put forth in other jurisdictions by people wanting to prove they're "strong on morality" in order to get re-elected?

Why not figure out how to do it right? What's the point in wasting effort on a doomed bill that's only going to tarnish any legacy he wants to leave?

@chadachada

So wait…the video game industry says tax-payers should be outraged at the spending of tax dollars for this…but also wants 320k of California taxdollars? lol…

The industry has every right to demand it be compensated for the legal fees wasted getting an unconstitutional law shut down. What they're saying is that Californians should be outraged not at the fact that legal fees are being paid out, but that a bill that needed to be defeated ever got signed in the first place.

Sort of a "don't blame me, blame the idiot who put this bill on the table. I'm just collecting compensation for him having wasted my time. maybe you should talk to him about that too..."
@BmK

"It’s too bad the ESA and video game companies can’t sue the politicians themselves for perusing these laws."

Similar to being a corporation, government is sued as an entity, not as a collection of politicians trying to pad their public resumes...
I really really really don't understand how anyone can think that creating a law can empower a parent to make decisions. What might I ask is preventing them from not making these decisions?
"I am very pleased to see the Governor’s commitment to this issue. This is a common-sense law that empowers parents by giving them the ultimate authority over whether or not their children can play in a world of violence and murder."

Um, no. The government seizing more power for itself is not putting power into the hands of parents. If anything its taking it out of their hands. People really seem to ignore history. Nothing good ever comes of a government that seeks more and more power.

"The deliberations in this case took over a year, which shows that the ever-growing body of evidence that violent video games are harmful to children is getting harder and harder to ignore. The medical data clearly indicates that these ultra-violent video games have harmful effects on kids, and thus we have a state interest to protect them."

Um, no. More and more evidence is coming out to the contrary. And more and more evidence is coming out which points out the flaws in the studies that Yee refers to.

"From early on, the industry warned Governor Schwarzenegger and Senator Yee that this bill was unconstitutional and would be thrown out by the courts and that California taxpayers would pay the cost. "

The industry speaketh the truth.
Wow double whammy for me. As someone who works in the industry and plays games, my taxes go to paying something I didn't agree with in the first place. Go Go Gadget Government!
Well this is just pathetic that there trying to bring back this bill that was deemed unconstitutional, what the hell are they thinking?

They clearly don't give a damn about the people, cause there wasting the peoples money on this BS bill, they should be ashamed.
Jabr,

Yee is looking uphill, not for state re-election, but likely looking to move into Congress. Either that, or just is so childish he can't stand to be proven wrong.
So what is Oklahoma doing to support the game industry? I have not heard of anything on this.

I wish that Arnold and Yee would give this up already. The judge gave a pretty stren ruling on the matter. What would a new judge say? Nothing different.
I don’t understand why Yee and Schwarzenegger think that without laws like this, parents have absolutely no control over what games their kids play.

Both also talk about the harmful effects that violent games have on kids.

What harmful effects?!

The most negative thing any credible study has ever indicated is that violent games might increase aggression in kids. And, as every person with an IQ above that of a lima bean knows: aggression does not equal violence. How is a marginal, short-term increase in aggression (similar to what attendees of a high school football game experience, no doubt) harmful to children?

Argh!

Andrew Eisen
I remember Leeland Yee saying that if his bill would be struck down, he wouldn't attempt to appeal (he said this last year if I am not mistaken). With other words, the sky is blue and politicians lie.
Yee did say that he would not attempt an appeal. In that case he lied- like he does quite often.

However, his statement may have meant he would not appeal as a member of the State Assembly and not the Senate. In that case he was misleading.
no preson,body of government or senator has the power to reduce the right of freedom of expression you have the to protect minors but you don't have right to ruin it for people the age 17 and up
@Zerodash

Technically, he didn't lie since Arnie did the appealing.
@ DeusPayne

I don't think anyone can say that any better. What do parents get from a law that helps them make decisions about what their children view?

Even if the law created a committee to review each game in a public forum, and was completely transparent and reviewable by the public, so what? What tool does that give to parents? Let's say more games are labeled as violent / not suitable for children and a fine is given to retailers who get caught selling the material to children... how does that assist parents who buy the games for their children anyway, or do not keep track of what their children get into at friends' houses?

Assuming that such a committee would be transparent (which it would not be) as Yee asserts the ESRB should be with it's review process, and assuming the ratings are genuine, what difference can it make? If a minor kills someone, and is found in ownership of an 'adult' game, the game will get blamed anyway -- not the parents, not the fire arms industry (if a gun is used), not the education system, not the police, NOT EVEN THE KID WHO DID THE CRIME!

So honestly, can anyone -- Jack T, Yee, anyone -- tell me what good such a law would do?
" The $31 billion video game industry has fought any attempt at regulation every step of the way. They fought efforts to publicize their rating system because they thought it would impact sales, and now they’re again putting their profit margins over the rights of parents and the well-being of children."

Wait a sec... so Yee means to say that i DID NOT see a commercial for the ERSB rating system the just the other night on TV; that the game retailers DO NOT block the sale of games to minors 58% of the time and instead never block game sales to minors; That Sony, Microsoft, and Nintendo DO NOT have parental controls in the consoles; and that the game industry HAS NOT been working together with government officals to help advertise and educate poeple on the ESRB rating system... well damn, i guess i need to get my eyes, ears, and WHOLE PERCEPTION OF REALITY checked.

honestly, that statement of his gets to me every damn time...

@chadachada

The $320k is how much the game industry spent defending themselves from this unconstitutional law (high priced lawers over the years). It's in their right to seek compensation for money they should have never needed to spend in the first place... They are not seeking to profit from this, they are only seeking to break even.

What's worst for taxpayers is that how much of their money was WASTED is actually going to be about double that amount as the gov't probably spent the same amount of money themselves trying to win the court battle... so that's about half-a-million dollars down the drain for a law that should have never been passed in the first placed since it was clearly unconstitutional.

it kind of annoys me how poeple say "spent" instead of "wasted"... spending money assume that you actually GAINED something from the money that was used. However, if you use money but end up with nothing, than it's just plain wasted... Politicans aren't SPENDING taxpayer money on these laws, they are WASTING it.

@dutch_gamer
well, i'm not sure if it counts, but technically Yee didn't appeal the law, the govenor did... however, i think Yee was just blowing hot air, as he was probably under the self-delusion that his law was going to be passed; he probably would have appealed anyway if no one else did.
I hope the money the industry saves from legal compensation is put to good use. No more ETs, Daikatanas or Superman64s, please.
Funny thing is, I watched Terminator when I was 14.
Big deal, I saw Die Hard when I was 3.
I saw the old gangster movie Charade when I was 6. I had nightmares for a while, but no compulsions to drown people in bathtubs or tie them up with plastic bags over their heads.
Csn someone please show these cunts how to use the parental controls on their kids consoles so we can move on to bitching about other precieved ills of society.
@sireatsalot

Well, I would have watched it at a younger age if it had been out ;)

Seriously though, you post a good example of what I'm getting at, do you think Arnold Schwarzenegger would try to introduce a law to protect people from the Violent Imagery in movies? Of course not, and it's not hard to guess why. Do you think Yee will demand that the MPAA be transparent? Of course not, and it's not hard to guess why either.
"The $31 billion video game industry has fought any attempt at regulation every step of the way. They fought efforts to publicize their rating system because they thought it would impact sales, and now they’re again putting their profit margins over the rights of parents and the well-being of children."

Fought regulation? Uh, let's see:
There's a rating system in place.
Most major game publishers have their games rated.
Most major retailers have policies in place regarding the sale of certain rated games.

Hmm... seems regulated to me.
Oh! Wait! I see! He means regulated to dictate HIS OWN personal, religious, and/or political beliefs upon other individuals and Parents. Ah, that's clearer.

I guess American Pie Unrated and Saw III Unrated are ok to be sold to minors without the government dictating whether they should be deemed appropriate for children or not. Or are there laws on the CA lawbooks that regulate the sale of rated R, NC-17, or even Unrated movies in CA's brick and mortar retail stores?

Oh yeah, I forgot, interactive media is more dangerous. Hmmm... Like the interactivity of spectators at a sporting event who've begun fist fights and even riots? Or the Parents at a kid's sporting event who attack players or other Parents? Wait... they aren't taking part in the sport itself. Hmmm... What about the viewers of a news report about an injustice (such as the Rodney King beating) who become so angry and/or frustrated that they run out and riot, attacking other people? Wait... they weren't interacting with the original situation. Hmmmm..... Oh... Oh... I know! The interactivity of someone being taught bigotry and hate for whole groups of Humans based on religious beliefs! Yeah, yeah, that's the ticket! I mean, some of those folks, even kids, go out and abuse other people mentally, verbally, or even physically or sexually. Oh... wait... that's religion and it's specially protected. Can't touch it. Besides, "God" says it's ok to hate "them kind of people".

Yeah, interactive media is unique. It's the only thing that can or should be regulated because... well... it's interactive, so there! :P

:/

Nightwng2000
NW2K Software
The only thing that's "Common Sense" about the bill is its unconstitutionality. Did they not pay attention when the verdict was given?
"the law I signed ensures that parents have the chance to determine which video games are appropriate for their children." -- Actually, couldn't this law (if passed) possibly be interpreted or extended to actually hold parents who provide M rated games to their own children criminally liable? Isn't is illegal to provide a child, even your own, with pr0n?
You know what is really funny? When this goes to appeals court, the ESA will have another fat paycheck coming their way for legal fees. Gotta love that Arnold.
Majestic,
I feel the same way.
When i get home tonight i'm going to write a letter to them stating my distaste for wasting my tax payer money.

Does anyone know where, or can provide, a list of studies done on the Violent VG effects? It would be appreciated. Thanks.
Arnold who made his money and the fame that got him elected through a career in predominantly ultra-violent films is the ultimate hypocrite by supporting legislation of this nature. Combine that with Yee who takes some of his biggest contributions from the movie industry (which he never criticizes) and you have double-ultimate hypocrisy.
@Parallax Abstraction

Don't forget that his likeness has appeared in violent video games.

I'll guess it's ok if he's making money off them.
"Similar to being a corporation, government is sued as an entity, not as a collection of politicians trying to pad their public resumes..."

Yes, but at which point does wasting taxpayers' money stop being about governing and starts being fraud? If you knowingly pass laws that are unconstitutional for political gain, aren't you just using California State taxpayers as a re-election campaign piggy bank?
I would LOVE to see someone call these clowns to task about this.

It would be awesome if some reporter asked the Governator where is he gonna get the money from, and then follow up when California State takes the $320K from the education budget, or the food stamps program budget, or the after-school program budget, or highway construction budget.

The money is gonna come from SOMEWHERE. And since it's an unbudgeted expense, it's gotta be coming out of some other budget line item.
@Pixelantes Anonymous

There is also the possibility he's tryign to create a bigger mess for the next administration to clean up/take the fall for
If I'm not mistaken, didn't the Governator state that he didn't need money when he first got elected? Let's take the money out of HIS wallet.
The misinformed and naive Yee has an agenda, end of story. He DOES NOT LISTEN TO ACTUAL LOGIC because he just "believes" this needs to be done. Like John Bruce Thompson, Yee will only play up his strengths when he thinks he can get them. In addition, Schwarzengger just plays along with the loudest voice these days. It may be a pride issue-or in Schwarzenegger's case, his staff is advising him that this is a politically sound thing to do. There are thousands of parents/adults who just listen to soundbites and make decisions based on them. Look at all the "watchdog" organizations who are basically there to serve people who don't want to think for themselves for starters.

None of this behavior should be a surprise...but I hope the video game industry gets their money, because chucklehead politicians need to pay.

Frankly, I wouldn't be surprised if the politicians are looking for video game industry kickbacks.
It's ironic that the governor says that these "ultra violent" games are meant for adults, and then claims that the laws are designed to ensure parents that they can choose what their kid plays.

....WHY would some retarded idiot say that and then expect people to not see what the hell just happened? I honestly wonder why he became governor of California when he knows nothing about politics.
@Volcanman

My memory is rusty, but I remember hearing that the family he married into (the Shrivers) have been a pretty politically active family for a long time, which may have been a motivational factor.

I'm honestly not inclined to think ill of him on that score. He was already rich and famous, so there can't have been much in the way of motivation to run for a rigorous, high-stress position which would undoubtedly force him into the spotlight and to make decisions that would make him unpopular with certain demographics, unless he had a genuine interest in the position.

Or his wife wanted him to do it. Who knows?
@Pixelantes Anonymous

He honestly believes in what he is fighting for. I know, I know, that is rare in a politician, but he has nothing to gain politically. Listening and reading to the things he says you get the idea he believes in what he is doing, no matter how misguided it may be.
We should take a note from Phoenix Wright and have the politicains back up their studies and findings with evidence.
"The deliberations in this case took over a year, which shows that the ever-growing body of evidence that violent video games are harmful to children is getting harder and harder to ignore."

Interesting. So, I'm going to spend a year making a court consider various "proofs" that grass is black. Can I then turn around and claim "clearly, since the court did not immediately decide against me, the evidence that grass is black is getting hard to ignore?"

I used to call that conservative logic. Now I guess it's liberal logic too.
Lumi..Maria Shriver is a Kennedy. Arnie is by proxy now a Kennedy.
I watched gremlins and army of darkness when i was three.
I feel compelled to write to a certain politician...

Empowers parents? Quite an oxymoron when it's the government calling the shots. Besides, what use is this law if parents are the ones buying these for their kids in the first place. Perfect example: I remember a mom, with what I think was no knowledge of the ratings' existence, buy his son, who I believe wasn't even 8 at the time, GTA Vice City. Where's your precious government control now?!

~Sol~
Well, at least Governor Schwarzenegger apparently doesn't think that M-rated games are marketed to kids, unlike seemingly every other politician out there. That's a vast improvement over what other politicians have stated, though there's still a long way to go.
Ugh... i'm sorry, but every time i see those first few paragraphs by Yee, i can't help but get angry. PARENTS ALREADY HAVE THE ULTIMATE AUTHORITY. It's called PARENTHOOD. They don't need a law for them to know that. They're not like Ed from Ed, Edd, n Eddy, where he needs someone to hold a clod of dirt over his head in lieu of a lightbulb to figure that idea out.
I've lived in California for the majority of my life and I love the place... but I just love how people were so stupid to vote the terminator into office (and REALLY that is the ONLY reason he got elected).

I guess this is a good way for him to waste our tax dollars and budget money he got from cutting the homeless psychiatric assistance program.................. Oh wait he wasted that money giving Yacht owners tax breaks...... whoops.
@PanicButton42

You're giving Yee too much credit. The only reason he "believes" in it is for election purposes. Be it soccer moms or certain contributors to his campaign. He showed a long time ago that he's nothing more than a typical bought and paid for politician. He's only slightly better than he who deserves to not be named and more dangerous because he's in a position of power in a state where it looks like Arnold's years of past steroid use shrunk his testicles and made him one of those "girly men" that he use to make fun of.
how is a law going to empower parents "by giving them the ultimate authority over whether or not their children can play in a world of violence and murder" anyway?

isn't that like saying we give parents the ultimate authority over whether or not their children can be mass murderers and rapists, since we have laws that forbid these acts?
"This is a common-sense law that empowers parents by giving them the ultimate authority over whether or not their children can play in a world of violence and murder."

Common sense is parents taking time to observe the media their kids are immersing themselves in.

This anti-Constitutional law does NOT empower parents in any way, it only gives the STATE ultimate authority over who can purchase certain types of media.

Parents already have authority over their kids, its just that many these days are afraid to use it because their moody emo brats might just start cutting themselves again in protest.
“This is a common-sense law that empowers parents by giving them the ultimate authority over whether or not their children can play in a world of violence and murder.”

Better not let them outside ever again if that's the case.
I say take it out of everyone who voted for it's paychecks.
I can't really understand this either. Whatever goodwill I had towards Arnie is all gone now...even though I'll still watch his movies. Whatever happened to the guy who once said when asked what was best in life, "Crush your enemies, see them driven before you and to hear the lamentations of their women!" ;)

But I guess being married to Skeletor would make anyone lose their mind. :P

Hey, if it means taking this all the way up to SCOTUS and putting the smackdown on these kinds of laws once and for all, I say bring it on.

@ Eville 1

Shriver's a Kennedy? I know she is but looking at her it's kind of hard to believe. I could have sworn I saw her while going through the Pirates of the Caribbean ride! ;)

While we're on the subject of how old we were when we saw certain movies or shows, between the ages of 4 and 6 I used to watch a Japanese show called Johnny Sokko and his Flying Robot. And let me tell you, they literally got away with murder on that show: people were gunned-down on camera and threatened with all manner of grisly deaths on a regular basis, children were menaced frequently, heck even the two child leads carried and shot firearms and were often put in danger (although considering they both worked for a secret anti-terrorist group that was kind of to be expected). It was enough to give people like JT or Joe Lieberman hissyfits. Suffice it to say you can't make a show like that on TV anymore.
When the Governor's choice of battles is between legislating against videogames and solving traffic congestion on I-405, legislating against videogames is the clear and obvious choice. The alternative requires way too much problem-solving skills.
@ Black Manta:

If you bleached half of Maria Shriver's hair white, you'd end up with Cruella di Vil.
Yeah, guys, we don't need to put everything in a black and white perspective. They really mean what they say imo. But I guess the Constitution's 1st Amendment must include children too. So that's what they need to be told. They're better off sweet-talking/threatening retailers into enforcing game ratings.
I wish all the fifty States would just hurry up and take their crack at passing unpassable videogame legislation so they can all get it out of their systems and then move unto passing some other laws that at least have a better than zero chance of being upheld.
I wish politicians knew their own Constitution...
chadachada, it doesn't matter what the Constitution actually says. Agenda-based politicians will put forth misguided legislation ANYWAY.

As a California resident, voter and taxpayer, I am not disappointed in what's going on because it was simply going to happen no matter what. Incredibly predictable. First, I had no voting control over Leland Yee, and second, Schwarzenegger is not the same guy he was when he first came into office and now just bends to pressure most of the time.
if I understand it right Maria Shriver is JFK's niece.
Oh and i love the whole "Our kids are in danger." bit.

I was checking my wii out the other night. Flipping through the wii settings, and lo and behold, i see a parental control part! :O! It CAME with the damn system. I didnt have to download anything, or buy anything. It came with it.

I want to go down to one of those conventions. Hook a Wii up, and show them all the 'defense' that the parents need is right there.

I would LOVE to do that. How could they counter that?

/Sorry on the double post.
Aside from the fact that Schwarzenegger is not the best politician to be pushing through with this bill because of the violence that was associated in his past career (e.g. Terminator, Predator), this was already decided as unconstitutional. But it's their right to appeal for it and they can do it if they want. However, they should also think about the tax dollars that were spent on this. I believe those dollars can be spent more wisely on other matters. Fighting for what you believe in is one thing (even if it would affect your chances on the next election). You may even be a hero for that. But if it would already involve lots of other people's hard earned money and you still continue to push through with your beliefs, i believe that's already not a good example of leadership.
Idiots, all of them. Idiots.
Do they ever say on what grounds they're appealing these unconstitutional bills? I thought that there had to be some reason for appealing, other than just hoping that the second time around you get lucky. Or is it more accurate to say that CA is asking for an appeal, and that if the courts see reason to hear the case again they grant the appeal and if they don't then they won't.
Also, I'm inclined to say that this will never go to the SCOTUS. They choose what cases they want to hear and usually favor cases in which there is considerable ambiguity and/or some interesting legal question to be answered. The courts thus far have been unanimous on the video game legislation issue, and their rulings have to my knowledge been fairly clearly against legislation. Simply put, the Supreme Court has better things to do than just set more precedent on the video game legislation issue, and I'd be extraordinarily surprised (and a little concerned) if such an appeal led to all the decisions being overturned in favor of legislation.
[...] Schwarzenegger Appeals CA Game Law As Industry Seeks $320K Legal Fees [Game Politics] [...]
"The deliberations in this case took over a year, which shows that the ever-growing body of evidence that violent video games are harmful to children is getting harder and harder to ignore."

Something strikes me as odd about this line.. The fact of the matter is that the industry has defeated what.. 8-9 of these unconstitutional bills? With each defeat the amount of precedence should be making the process of striking them down /Shorter/ the BS 'evidence' that they use to try and pass these things should be show as more and more faulty and the so could "growing body of evidence" should be shrinking with each defeat that shows the evidence isnt there.

So why isnt it?
@Murry

Because a politician willing to get votes by slandering an already demonized form of media is more than willing to overlooked the minor detail that a particular study has been debunked. It's not about facts. That's what makes this topic such a frustrating one. No one really CARES about what's true, they care about what gets more airtime.
Jabrwock
Yee is forming and building his future political plans to attacks issues on the good ship:nani-nator(derstoier of what or for the protection of kids from media..you be the judge...).

LOL
@Murry

because even a farmer can heap a pile of dung on top of a gold watch.
it isn't about accuracy, it's about fillibustering the courts.
@AgnostoTheo

I supposed I just had the silly hopeful notion that when something had been debunked in court 7-8 times in the past that any future courts that had the evidence presented to them would quickly dismiss it and speed up the proceedings without being bogged down with what everyone knows and has proven to be completely useless data

ah. if only.
Yeah. If only. *nod*
It's apparent to me, that Yee and Arnie both have the same problem. I think it's called "it'sforthekids-itis" they think that they can do anything as long as it's "for the kids"
@Benji:

Unlike the Supremes -- who, as you've correctly noted, get to pick and choose the cases they hear on appeal -- the intermediate appellate courts don't have the option of declining to hear appeals from the district courts. And even a Jack Thompson-like attorney can always find some some basis for appeal (e.g., the wrong legal standard was used, the right legal standard was used but applied incorrectly, etc.). So, appealing a district court's decision to an appellate court is practically a matter of the appellant's right to do so.

The irony, of course, is that many state governors lead the movement to restrict the rights of prisoners (including death row prisoners) to access the federal appeals process, claiming, in part, that prisoner appeals frivolously clutter the courts. Pot, meet Kettle. Kettle, meet Pot.
I think the Supreme Court might hear this case depending on if Judge Whyte's ruling is upheld or overturned(probably more so if overturned). This appeal would go before the Ninth Circuit Court of Appeals, and the Supremes have overturned more of their rulings than any other court, IIRC.

It's amazing how hypocritical Arnold Schwarzenegger has become in this travesty, as others have shown. How many movies has Arnold starred in that didn't have anything that could be considered as "violence"? Even his family-friendly movies(Kindergarten Cop, Jingle All The Way) has "violence" somewhere in them. And, as others have noted, Schwarzenegger's likeness has been featured in various video games based on movies like the Terminator series, True Lies, etc.

Yet, he and Pee-Wee Yee won't go after the movie industry with the same zeal that they do the video game industry.

Schwarzenegger's proving that steroids do cause brain damage.
You know I bet if we take all the money underage people have spent purchasing Arnold's violent movies I bet they could cover that 320k in legal fees.
Now does anybody find it ironic that Arnie the "The Terminator", "John Matrix", "Conan", "David Quaid", and lets not forget "Major Alan Schaeffer" is fighting against violence in video games.
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GamePolitics ShoutBox

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 photo-finish at the wire, House passes health care reform bill. Relatedly, in 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.
Posted 11/07/09 at 09:36am
Austin_Lewis: Or, maybe he or someone else at the base ordered the SS190 from FN Herstal.
Posted 11/07/09 at 09:32am
Austin_Lewis: the hands of private owners. They run about 300 dollars minimum for a box of 50, and boxes of AP 5.7 are extremely scarce, mainly residing in the hands of Class III stores or individuals who for one reason or another got a demo box of it.
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