Dancing Judge, Gaming Judge (with baggage) Will Hear California Video Game Law Appeal Today

October 29, 2008 -

This morning when the state of California argues before the U.S. 9th Circuit that its 2005 video game law is constitutional, at least one member of the Court's three-judge appeal panel will have some familiarity with games.

As GamePolitics has previously reported, Judge Alex Kozinski at one time penned game reviews for the Wall Street Journal. On a more serious note, Kozinski has also apparently survived a June scandal in which sexually graphic images were found on a personal website which he maintained.

Other panel members include Judge Sydney Thomas and Judge Consuelo Callahan (left). Callahan has been dubbed The Dancin' Queen of the Ninth Circuit thanks to her penchant for beaking into tap routines (GP: You can't make this stuff up.):

A hoofer with a sense of humor, Callahan likes to surprise judicial and legal gatherings by starting discussions about serious topics and ending with a quip about appellate judges who tap dance around issues. She then pulls off her black robe to reveal a sequined costume and tap shoes.

She's been known to hop on a tabletop or in one case on a judicial bench during these special events and do some pretty impressive steps. "I may be the highest ranking tap dancer in federal court," Callahan said with a grin during a recent interview in her chambers in the Sacramento federal court building. "It is fun and it has a certain shock value."

Shock value, indeed. Wouldn't it be fab if Judge Callahan broke out the tap shoes this morning?

Today's hearing will take place at 9:30 am PST at the McGeorge School of Law in Sacramento. In a press release, State Senator Leland Yee (D), architect of the contested video game law, offered his view:

California’s violent video game law properly seeks to protect children from the harmful effects of interactive, ultra violent video games. Our efforts to assist parents in the fight to keep these harmful video games out of the hands of children should survive Constitutional challenge under all levels of judicial review.
 
Based on an extensive body of peer-reviewed research from leading social scientists and medical associations, we narrowly tailored this law to serve the State’s compelling interest in protecting children. I am hopeful that the 9th Circuit will overturn the lower courts decision and help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder.


Game retailers group the Entertainment Merchants Association, along with game publishers group the ESA, are plaintiffs in the case. The EMA recapped the legal fight surrounding the California law in its own press release - hit the jump for the details.

 

In 2005, the state of California enacted a law to restrict the sale or rental to anyone under the age of 18 of computer and video games that are classified as “violent video games” if the depictions of violence in the games are offensive to the community or if the violence depicted is committed in an “especially heinous, cruel, or depraved” manner. The law was scheduled to go into effect on January 1, 2006.

Prior to the law taking effect, the [EMA] and the [ESA] filed suit against California Governor Arnold Schwarzenegger and others to prevent its enforcement. The plaintiffs asserted that the law’s restriction on the sale or rental of certain violent video games violates their rights under the First and Fourteenth Amendments to the U.S. Constitution to freedom of expression and equal protection of the laws and is unconstitutionally vague.

In August 2007, a federal district court judge granted summary judgment in favor of the plaintiffs and permanently barred enforcement of California’s video game law. In doing so, the judge ruled that video games are protected by the First Amendment, the law is unduly restrictive and uses overly broad definitions, and the state failed to show that the limitations on violent video games would actually protect children.

The state of California appealed the summary judgment ruling to the U.S. Court of Appeals for the Ninth Circuit. As part of that appeal, a three-judge panel of that court will hear arguments by the plaintiffs and the state on the constitutionality of the law.

Comments

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Wow, you even managed to get a 'modest proposal' reference in there, that is old-school comedy at its finest.

--------------------

Joining the Manhunt 2 rush on the 31st!

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Of course it is not McDonalds' fault you cram 3 whoppers down your kid's throat. Whoppers come from Burger King.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

It is sad that these laws even get this far.  You'd think the voters would be up in arms about this stuff.  I dunno.  Hopefully there will be a changing of the guard as it goes with the voting generations.

I totally agree with you though.  Personal responsibility need to be reintroduced into American society by repealing all these laws that let people shift the blame. 

"Volume helps to get a point across but sharp teeth are better."

"Volume helps to get a point across but sharp teeth are better."

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

A "WTF Bomb" just went off in my head. Here's a transcript...

*beeping*

WHAT THE FU...?

*BOOM*

OHHHHHHH!!! HAHAHAHAHAHA... WRIEEEEE-HEE-HEE-HA-HA-HA!!!

My God, Zippy, what have you done?

--------------------------------------------------------------------------------------------------------

I AM DOOMED TO HAUNT JACK THOMPSON'S DREAMS UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS.



--------------------------------------------------------------------------------------------------------

I AM DOOMED TO HAUNT JACK THOMPSON'S DREAMS UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS.

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Zipp...  I...  We...  Er...  O.o

One = many = we = I...

*head explodes*

"Volume helps to get a point across but sharp teeth are better."

"Volume helps to get a point across but sharp teeth are better."

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Public apathy leads to bureaucracy running out of control, government or societal mangment is bureaucracy by default we can have logical reasonable bureaucracy but without stern rules that send those that break those rules to jail, disbarment from government and its pension and even dare I say before a firing squad.....

We need a firing squad to put the noble class of bureaucrats back in "line".....

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

I still consider Schwarzenegger to be a hypocrite. Apparently, when he shoots people, drops them off of cliffs or sets off bombs in crowded travel-areas, that's perfectly acceptable, because it's a movie, but when it's in a Video Game he's suddenly concerned about the 'kiddies'.

He's already got his money and fame, so now, all of a sudden, he develops what can laughably be called a conscience about it all.

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Those are machines that Skynet made look like him.

"That's not ironic. That's justice."

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Has less to do with a (laughable) conscience and much more to do with covering his political arse.   Oh he is still (and very much) a hypocrite but there is a certain perverse (well preverted anyway) logic to it. 

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Maybe Arnold should do to this bill what he did to Sully in Commando

I let him go.....

Sortableturnip's Law: As an online discussion of video game violence grows longer, the probability of a comparison involving Jack Thompson approaches 1

Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

Are people that stupid? There is a reason why we have ESRB! If you want to protect your kids than don't buy little johnny GTA for his Birthday. Fuckin aye.


Re: Dancing Judge, Gaming Judge (with baggage) Will Hear

A big hooplah for an unconstitutional law. I'm not surprised.

 
Forgot your password?
Username :
Password :

Poll

How do you feel about Amazon buying Twitch?:

Shout box

You're not permitted to post shouts.
MaskedPixelanteI don't like the new 3DS, mostly because it means there's a good chance future 3DS games won't be compatible with the current models.08/29/2014 - 9:30am
ConsterI don't get why Amazon decided to buy this "Twitch" fellow, really. It took him ages to beat Pokemon.08/29/2014 - 8:31am
ZippyDSMleeIt goes without saying that we need to et rid of the bullies on both sides that are far worse than Sarkeesian or Quin will ever be.08/29/2014 - 8:24am
ZippyDSMleeI'm talking more about the genreal movement and how silly it is, as for Sarkeesian half of what she is says rings hollw while the other half tend to be over exsagerated.08/29/2014 - 8:22am
Avalongod@Papa, agreed. I think people are reluctant to get involved if they're not the target. But I think we need to take responsibility as a community to confront harassing behavior, whether on gender or race.08/29/2014 - 7:23am
E. Zachary KnightSo Nintendo has given gamers what they want and have fractured the 3DS user base at the same time. http://www.gamasutra.com/view/news/224476/Nintendo_reveals_the_New_Nintendo_3DS.php08/29/2014 - 7:12am
Papa MidnightI could say the same about race. I certainly enjoyed being on the receiving end of this while playing StarCraft II this past week: http://i.imgur.com/mIZA1QB.png (and this is actually mild compared to what I usually see). Report players? What a joke...08/29/2014 - 12:29am
AvalongodWhether you approve of Sarkeesian's view or not, no woman deserves to be the target of that kind of harassment and it won't stop until men tell each other it's not appropriate under any circumstance.08/28/2014 - 8:44pm
AvalongodI'm guessing the twitter account was a troll, but come on, I'm sorry, it's just disgusting someone is saying those things to Sarkeesian whether serious or a joke.08/28/2014 - 8:43pm
ZippyDSMleesocial movement that is bringing most of these issue to the spot light to be nothing but trend mongering white knighting bullies who are not much better than the hateful moronic bullies on the other side.08/28/2014 - 5:20pm
ZippyDSMleereflects the world we live in while the rest is the worst stuff that should be focused on. Leaving whats reflected in the same boat as everything else that's exaggerated and skewed by media/fiction and happliy consumed by current society. I find the socia08/28/2014 - 5:20pm
ZippyDSMleemales live off the power fantasy but once you realize as a male you will never reach what fiction or media calls perfect it demoralizes you just the same. And I would not call female negative stereotypes rampant and out of control not when 70-80% of it re08/28/2014 - 5:19pm
ZippyDSMleeNot saying that there is not a difference in the treatment of males and females in media, but males are begin painted as near perfect superhumans with cliched flaws it dose as much damage to the psyche as how females are treated. Sure you could claim that08/28/2014 - 5:19pm
ZippyDSMleeNeeneko:As I said if you do not 100% belive it then you are a Neanderthal. Theres more gray to everything than black and white.08/28/2014 - 1:27pm
NeenekoMeh, the "PCism" is just trotted out when people do not know their place and dare to complain about things the speakers think are fine. How dare people complain about how they are treated/portrayed, it is not like it bother us, our feelings matter!08/28/2014 - 1:13pm
ZippyDSMleeNeeneko I do not think its against feminism but rather against PCisim’s and that most things are offensive since if you do not believe that you are a Neanderthal that beats women,ect..08/28/2014 - 12:48pm
Neenekocomplete with the standard 'she is a lying and attacking the game industry! threats are wrong but she did it to herself' comments.08/28/2014 - 11:28am
Neenekosad, but not surprising. the backlash against feminism has been growing the last few years.08/28/2014 - 11:25am
PHX Corphttp://www.rawstory.com/rs/2014/08/27/feminist-video-game-critic-forced-to-leave-her-home-after-online-rape-and-death-threats/ Feminist video game critic forced to leave her home after online rape and death threats08/28/2014 - 9:43am
Uncharted NEShttp://kotaku.com/once-again-atlus-doesnt-want-you-to-spoil-the-new-pers-162782610808/28/2014 - 5:17am
 

Be Heard - Contact Your Politician