Constitution Day Bonus! Oklahoma Video Game Law Ruled Unconstitutional

September 17, 2007 -

cauthron.jpgAccording to the ESA, a federal court judge has issued a permanent injunction against Oklahoma's 2006 video game law.

Here (20-page pdf) is the ruling from U.S. District Court Judge Robin Cauthron (left).

Mark Methenitis has a legal analysis at the Law of the Game.

Meanwhile, we have reaction from Bo Andersen, president of the Entertainment Merchants Association:


 

It is fitting that this ruling was issued on Constitution Day... The decision is a ringing affirmation of the First Amendment’s guarantee of freedom of expression. 


 

Judge Cauthron’s opinion makes abundantly clear that the Oklahoma legislature overreached in attempting to restrict the distribution of video games containing fantasy violence to minors, in part because there was no evidence that the games are harmful to anyone. The judge also correctly noted that there is no way for an ordinary person to determine which games were covered by the Oklahoma law and which were not.


 

It is time for lawmakers to stop targeting video games and the retailers that sell them. They should recognize that all video games are rated, retailers are choosing to enforce the ratings in their stores, and the new PlayStation 3, Wii, and Xbox 360 video game consoles and Vista computer operating system all allow parents to control the types of games that can be played on them. These voluntary steps, not government regulation, are true to the spirit of the American Constitution... 

 


Comments

"Clearly the defendants are defying reality"
LOL
That little quip made my day

"All in all... your unconstitutional law is just another brick in the wall"

It's funny that the defendants want to make videogame makers prove videogames are beneficial--because there are far more (and from wider source bases) studies suggesting that than there are suggesting video games are harmful, let alone causative of violence.

The next thing they'd try to make us prove is that videogames are NOT harmful--which would further reveal their ignorance in regards to science and its proofs. It's bad enough they can't see that studies showing a potential correlation (and just for aggressive play behavior or responses, not even violence) don't equal proof because correlation doesn't equal causation. How uneducated must these poiticians be, really, or are they just so daft, hard-headed, and narrow-minded that they latch onto whatever cause celebre sounds like it will further their voter base?

I'd love for them to have to sit through a basic elementary school-evel briefing on what science is and does and what it can and can't tell us with certainty. Maybe then they would grasp some basic science facts such as that science can't prove a negative, but only contribute evidence supporting it.

Or that a small sample size messes with statistical significance. Or that testing conditions lacking proper controls, proper accounting for other potential contributing factors, and/or demonstration that the behavior or outcomes being studied actually mean what the observers think they mean are utterly useless and far from scientific.

Actually, now that I think about it, politicians shouldhave to pass tests requiring that they show proper understandings of some basic things, like the Constitution for example.

(what jack would say)
God! What a fat stupid cow. She obviously doesn't know the law from her ass. I'll bet she graduated from fat dyke law school just like Janet Reno. If only this state would've consulted me I probably could've won this case for them (louisana was a total fluke). I'm gonna have to update my list of people I'm about make my bitch now.

People I'm gonna make bitches:
1. The Florida Bar
2. GP
3. gov. Jeb Bush
4. pres. George Bush
5. Judge Robin Cauthron

Anyways, after that, you guys are all invited to my party after I'm made king of florida. Just so you know it's BYOH (bring your own HOOAH!!!).

I'm a lawyer, but not for long,
Jack Thompson

No, Jack tends to not speak up when these wins for the Video Game industry show up. Then later, he just pretends they never happened.

This is very encouraging. Well done, Judge Cauthron.

I'd just like to say... Up yours Jack!

It amazes me that the judicial branch is more concerned for the "right to free speach" for the mega-corp gaming industry THAN for the well being of the already depraved children (which was the focus of this law) that have no direction from indigent parents that would rather sit in their lazy-boy chairs drinking beer's and yell at the kids.

The pure fact that this law would have helped keep allready troubled children from being further influenced by inmoral and violent games.

I do not believe that the thought of depriving WHO the gaming industry can sell DIRECTLY TO (especially a minor who has no proper supervision from a parent that gives no $h1t) is a violation of any constitutional right... More like it is a protective custody of those children that are allready in a fragile state as for their outlook and value of human life.
 
Forgot your password?
Username :
Password :

Poll

Will an M rating hurt Batman: Arkham Knight's sales?:

Shout box

You're not permitted to post shouts.
ZippyDSMleeFun? I can do fun…. I think LOL. Dungeons 2 is on preorder but not via steam... >> Hell I am breaking all kinds of personal butthurt rules to even THINK about pre order...02/27/2015 - 8:12pm
E. Zachary KnightHad some fun discussions about that dumb dress on Facebook. I opened the original picture in GIMP and sampled the colors and determined them to be Blue and Gold. People still say I am wrong.02/27/2015 - 7:41pm
ConsterTime for something completely different: #teamwhiteandgoldllama!02/27/2015 - 7:27pm
ZippyDSMleeAndrew Eisen: I'll try. ^^02/27/2015 - 5:40pm
ZippyDSMlee james_fudge: That’s what I been doing damnit!! *bites your leg*. LOL All but a couple posts have been written in word 2010. This has had my full attention so I’ve been able to keep some consistency up today which is nice a shame it’s still gibberish ><02/27/2015 - 5:38pm
Andrew EisenLike I said, if you want to have a discussion or get a question answered, I'm more than happy to oblige. All I ask in return is you have enough respect for everyone else to take the time to compose a readable post.02/27/2015 - 5:35pm
ZippyDSMleeI suppose it would be poor of me to say this but thank you for taking the time to reply to my questions, it does help me every now and then to discuss things and update or refine my opinion on stuff.. I do miss the forums here….02/27/2015 - 5:31pm
james_fudgeYou could run it through Word :) It's not that hard.02/27/2015 - 5:30pm
ZippyDSMleeSomething’s I can be clearer on more simple constructs making me better understood. Stack my weaknesses with complex constructs and my bad sense of humor and ya it’s a mess.. Consistent clarity is a pain in the butt for me.02/27/2015 - 5:22pm
ZippyDSMleeHave I ever held a covnersion this long that dose not have issues?02/27/2015 - 5:18pm
ZippyDSMleeBetween being learning disabled and having “quirks” from 5th grade I communicate in streaming conscious, I derive information from written words out of order giving me issues revolving around context.02/27/2015 - 5:17pm
Andrew EisenYou're bullshitting. You can communicate clearly. I've seen you do it. If you want to have a discussion, fine. I'm more than happy to oblige but I'm not going to waste any more of my time if you insist on hiding behind the Zippy character.02/27/2015 - 5:15pm
ZippyDSMleeThose that walk the harsh path of grammar are blind to those that nibble upon it. Of course it helps incoherence is my friend…. LOL02/27/2015 - 5:14pm
Andrew EisenAgain, your comments make no damn sense.02/27/2015 - 5:10pm
ZippyDSMleeMabye if I put my brains in a blender I would think better...I dunno... LOL02/27/2015 - 5:09pm
ZippyDSMleequestion. God this is what I get for writing for the last 3 days…. to much over damn thinking….02/27/2015 - 5:07pm
ZippyDSMleeAndrew Eisen: I was going to say… the basis of feminism(and many things) is group opinion, because she is a part of the group how can she not be influenced by and be lost in whose opinion starts where…but I guess that’s more an existential general human 02/27/2015 - 5:06pm
ZippyDSMleeoy vay this palce hates Noscript I dunno if tis the post being copied from word or scrit issues but it will not let me post sometimes.02/27/2015 - 5:00pm
Andrew EisenYes, I am not portraying her as someone who does not use opinions in her various talks and presentations.02/27/2015 - 4:59pm
ZippyDSMleeattack than think.02/27/2015 - 4:58pm
 

Be Heard - Contact Your Politician