Obama's Commerce Nominee Signed 2003 Video Game Bill Into Law

February 27, 2009 -

Former Washington Gov. Gary Locke (D), President Barack Obama's latest choice for Commerce Secretary, carries a bit of video game baggage into his new position.

In 2003, while serving as Governor, Locke signed into law the nation's first statewide violent video game legislation. The measure, which was proposed by Rep. Mary Lou Dickerson (D), barred minors from purchasing games in which the player kills or injures "a human form who is depicted, by dress or other recognizable symbols, as a public law enforcement officer."

The video game industry filed suit, of course (VDSA vs. Maleng). In July, 2004, a federal court struck down the Washington law. In ruling the statute unconstitutional, U.S. District Court Judge Lasnik wrote:

The games at issue...[have] story lines, detailed artwork, original scores, and a complex narrative which evolves as the player makes choices and gains experiences. All of the games provided to the Court for review are expressive and qualify as speech for purposes of the First Amendment...

 

[The law] failed to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly... Would a game built around The Simpsons or Looney Tunes characters be 'realistic' enough to trigger the Act?... Do the Roman centurions of Age of Empires, the enemy officers depicted in Splinter Cell, or the conquering forces of Freedom Fighters qualify as ‘public law enforcement officers'?

GP: Although it's unlikely that Locke, if confirmed, will have much to do with video game issues as Secretary of Commerce, it is an interesting historical footnote, nonetheless.


Comments

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

I wonder if the Combine from HL2 would count? They're definitely the local law-enforcing governmental agency.

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

Im glad the judge knew what he was talking about.

 

"I am Alpha and Omega, the beginning and the end. I will give unto him that is athirst of the fountain of the water of life freely"

"I am Alpha and Omega, the beginning and the end. I will give unto him that is athirst of the fountain of the water of life freely"

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill ...

But this guy paid his taxes right?

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

I like how the judge pointed out the vagueness of the law. Obviously it would restrict minors from buying games such as GTA, but there are many other situations where this would come into effect. In World In Conflict (a T-rated RTS), the player can kill a cop by looking around on the map for one, and then ordering an artillery strike in the area. It's not productive for your side, there are no "kill the cop" objectives, it's just a thing you could do in the game. But under this law, selling World In Conflict to a minor would be illegal. Technically, under this bill, minors couldn't even buy games where the player shoots police officers enforcing a police state, whether they're Nazis or fiftitious oppressors.

 

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Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

Well, he may have little if anything to do with legislating games, but it seems the DoC could have an impact on the games industry from an economic or laborforce issue:

From Wikipedia:

The mission of the department is to "promote job creation and improved living standards for all Americans by creating an infrastructure that promotes economic growth, technological competitiveness, and sustainable development." Among its tasks are gathering economic and demographic data for business and government decision-making, issuing patents and trademarks, and helping to set industrial standards.

So I guess if the issue of developers' union were to come up, the DoC could be in on all the hubub.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill ...

I love that excerpt from the opinion. The Judge was very smart not to wade into the whole Grand Theft Auto scene and instead created this ridiculous image of some kid on trial for playing a game where he beats up Chief Wiggum.

That judge needs to be on the Supreme Court.

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill ...

AS far as I remember he was a character in Simpsons Road Rage.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

I'm impressed by the judge's write up about the knowledge of such games.

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

Yeah.  It seems the case got a judge who is a gamer.

 
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quiknkoldI'm 7 years old, and my cousin(Also 7, maybe 8 at this time) tells me has Battletoads. its Summer Vacation. We play and play and play until finally, We won coop. Those were the days.09/23/2014 - 5:29pm
quiknkoldlets take a moment to share some gaming memories, shall we?09/23/2014 - 5:28pm
MechaTama31I buy stuff off the eshop because it gives me the convenience of a flashcart without the guilt.09/23/2014 - 5:03pm
Montewell thanks for the info Eisen; try that the next time i need something off the eshop09/23/2014 - 3:54pm
james_fudgere: MP, i've sent tech support a note - thank you :)09/23/2014 - 3:14pm
IanCNah that wasnt directed at you Andrew :)09/23/2014 - 3:00pm
Papa MidnightRe: SIEGE 2014 Keynote: oh dear...09/23/2014 - 2:44pm
MaskedPixelanteDear GP, something called "doubleverify" is causing some nasty browser issues on my end. Probably one of your ads.09/23/2014 - 2:36pm
Andrew EisenOh hell no. No, it took Nintendo a dog's age just to get to the point its competitors have been at for a while! (And it's still not there yet, in a lot of respects.)09/23/2014 - 2:26pm
IanCSame as PSN handles it, fi you are trying to say only nintendo do that.09/23/2014 - 2:23pm
Andrew EisenYou have to try to purchase something first. Pick a game, hit purchase and if your wallet doesn't have enough to cover it, you'll be given an option to "add exact funds" or something like that.09/23/2014 - 2:05pm
MonteI have seen no option for that on my 3DS; anytime i want to add funds it only gives me the option to add in denominations of $10, 20, 50 or 10009/23/2014 - 2:03pm
IanCWhat Andrew Wilson said. PSN is the same when you make a purchase over a certain price (£5 in the UK)09/23/2014 - 2:02pm
Andrew EisenNeither eShop charges sales tax either. At least in California.09/23/2014 - 2:00pm
Andrew EisenBoth Wii U and 3DS eShops allow you to add funds in the exact amount of whatever's in your shopping cart. If your game is $39.99, you can add exactly $39.99.09/23/2014 - 1:57pm
Infophile@Matthew Wilson: As I understand it, any regulations to force tax online would also set up an easy database for these stores to use, minimizing overhead.09/23/2014 - 1:30pm
MonteReally, the eshop just does next to nothing to make buying digitally advantagous for the customer. Its nice to have the game on my 3DS, but i can get more for less buying a physical copy at retail. And that's not even counting buying used09/23/2014 - 1:18pm
MonteIanC, The Eshop wallet system only lets you add funds in set denominations and the tax makes sure you no longer have round numbers so you ALWAYS loose money. A $39.99 game for instance requires you to add $50 instead of just $4009/23/2014 - 1:13pm
Matthew Wilsonbut thats just it those sites, even the small ones, sell all over the country.09/23/2014 - 11:12am
Neenekoeither that or it would follow the car model of today. big ticket items are taxed according to your residence, not where you buy them.09/23/2014 - 11:07am
 

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