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.
 
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ConsterOh look, a GoFundMe campaign for Memories Pizza is almost at 50k already. Never assume people can't rally behind a bigoted cause just as well as behind a non-bigoted cause.04/02/2015 - 4:49am
Andrew EisenThe multiple Fire Emblem versions might be more complicated than we thought. http://kotaku.com/japans-new-fire-emblem-has-four-versions-is-crazy-169515313004/02/2015 - 1:29am
ZippyDSMleeWhere is "Yes, if it was monetized." In the questions?04/01/2015 - 9:07pm
E. Zachary Knighthttp://reason.com/blog/2015/04/01/this-anti-gay-pizza-place-got-trashed-on04/01/2015 - 8:17pm
E. Zachary KnightAccording to this link, the pizzeria owner did not actually refuse anyone service. He was ask by a reporter if he would cater to a gay wedding and he answered in the negative. When that was published, the rants came rolling in.04/01/2015 - 8:17pm
Papa MidnightCorrection to my prior note, DiRT 3 Complete Edition does NOT replace DiRT 3 in user's libraries. But existing owners of DiRT 3 do get it for free.04/01/2015 - 8:00pm
Matthew Wilson@AE it could be like pokemo, but the tweet and the site makes it look like 2 different games. tbf I do not know Japanese.04/01/2015 - 7:29pm
MechaCrashInteresting how YouTube comments are universally acknowledged to be cesspits of idiocy where no coherent thought can survive, until a woman closes them. Then it's CENSORSHIP and being AFRAID OF DEBATE.04/01/2015 - 7:29pm
Andrew EisenThat's... weird. The Direct made it sound like this was an organic part of a single game.04/01/2015 - 7:08pm
Matthew Wilsonapparently the 2 sides of the story in the new fire emblem game is 2 difrent games in japan, and we are getting both combined. https://twitter.com/RPGSite/status/583415770744393729/photo/104/01/2015 - 7:00pm
MonteAE: there are pizzaria's that also make italian food which you can order in bulk to cater parties. Also, google pizza wedding; cause it is pretty cool04/01/2015 - 6:50pm
ConsterThe vast majority of (if not all) 1-star reviews are angry rants about its policy. 'Jesus said to love thy neighbor, assholes' (paraphrased) seems very common.04/01/2015 - 6:49pm
Matthew WilsonI did not check it out personaly. I only read a arctlice about it, but it does seem to be in a lets just say a very mean way.04/01/2015 - 6:41pm
Andrew EisenTrashed in a fair way or are people lying about cockroach infestations and stuff?04/01/2015 - 6:24pm
Matthew Wilsonwell they also are getting trashed on yelp too. given the number of people that use it, I suspect they will lose allot of business even if they change their mind.04/01/2015 - 6:19pm
Andrew EisenIt's a pizza joint. It caters weddings? Really? I mean, that's cool. Really cool, even. But seriously?04/01/2015 - 6:02pm
Consterhttp://www.huffingtonpost.com/2015/04/01/indiana-pizza-gay-couples_n_6985208.html04/01/2015 - 5:57pm
Andrew EisenConster - Link?04/01/2015 - 5:55pm
Conster-annnd they are 'temporarily closed' after phone threats. Way to take the moral high ground against bigotry, people. -,-04/01/2015 - 5:51pm
ConsterThe first business to use SB101 to deny service to gay weddings has arisen - let's see if EZK's theory about the free market being sufficient to deal with them holds u-04/01/2015 - 5:50pm
 

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