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

Which Feminist Frequency video are you looking forward to most?:

Shout box

You're not permitted to post shouts.
prh99Devolvers response to Nintendo's creator program https://mobile.twitter.com/devolverdigital/status/56082061398444851301/31/2015 - 3:24am
Andrew EisenI only know of him being annoyed that IGDA mistakenly hosted on its anti-harassment tools page a blocklist he was on. What else was he critical of?01/31/2015 - 2:19am
Goth_Skunk@WonderKarp: Given Rosario's outspoken criticisms of the conduct of the IGDA, I would not be one bit surprised if he's being strong-armed into silence in closed-door meetings. He's not towing the party line, after all.01/30/2015 - 11:38pm
MechaTama31EZK: Thank you! (And I was able to see that you did it, only because you did it. How appropriate! :)01/30/2015 - 11:37pm
Matthew Wilson@Monte Nintendo is a Japanese company though. consoles are dead in japan. ps sony is a international company, so they do not much care about Japanese sales much.01/30/2015 - 10:11pm
MonteOnly one generation ago nintnedo had the best selling console. They know their games are still popular and can move their hardware. They just need to focus on better gaming hardware and advertising (their youtube policy not helping)01/30/2015 - 9:58pm
MonteI'd expect Nintendo to keep making consoles, much like the gamecube i doubt nintendo will see the Wii U as a sign of the end for consoles. There are multiple reason why the Wii U failed a big one being marketting.01/30/2015 - 9:55pm
Wonderkarpwhen asked on Twitter, the Chairman said He couldnt comment at this time https://twitter.com/siloraptor/status/561284497275367424. still looking for facts01/30/2015 - 9:41pm
Wonderkarphttp://pressfarttocontinue.com/2015/01/30/igda-puerto-rico-closed/ this is what I have so far01/30/2015 - 9:27pm
Wonderkarpso allegedly, IGDA has closed their Puerto Rico branch. This comes after the Chairman of the Puerto Rico branch was blocklisted by Randi Harper. I'm trying to dig up more info on it. all I have is a link with some info, but its not cited.01/30/2015 - 9:27pm
Andrew EisenSo, kinda like the Wii U just with a GamePad that's portable?01/30/2015 - 9:13pm
Matthew Wilson@AE I hope they do a Ipad/iphone thing. make a home console/handheld where games are playable on both. that is what I would want from them.01/30/2015 - 9:00pm
Andrew EisenThat would be a shame but as long as I can play comfortably on my TV I'll probably be fine with whatever the future brings.01/30/2015 - 8:56pm
Matthew Wilson@AE I would get used to it. I do not think nintendo is going to do another home console , but I suspect a hybrid one. 1. they are doing worse than the gamecube. 2. the home console market is dead in japan. even the ps4 isnt selling there.01/30/2015 - 8:54pm
Andrew EisenAside from that (and the aiming isn't too smooth but it's turn based so it's not a big deal (maybe better with Circle Pad Pro or New 3DS?)) my only other quibble is I'd much prefer playing it on a console. But I say that about nearly every handheld game.01/30/2015 - 8:39pm
Andrew EisenFrom what I've seen of Valkyria Chronicles, this is significantly slower. Mechanically, it's fine and plays into the game well. It just takes too long.01/30/2015 - 8:37pm
Matthew Wilsonyup like VC it moves every enemy each turn one by one.01/30/2015 - 8:33pm
Andrew EisenI played most of the Codename Steam demo. Pretty neat so far but the enemy turn (it's turn based) takes way too long.01/30/2015 - 8:31pm
Goth_SkunkJust finished the first episode of Life is Strange. The writing is hit-or-miss, the lip-syncing is awful (but I can't fault an indie dev for that), but the chronokinesis mechanic is dynamite. Love the concept. Can't wait to play more.01/30/2015 - 8:23pm
Andrew EisenNintendo invites disaster!01/30/2015 - 7:34pm
 

Be Heard - Contact Your Politician