Thompson’s Latest Tactic Equates Bully with Porn

Having failed to convince a Florida judge that Bully is a public nuisance, controversial attorney Jack Thompson has a new tactic in what seems to be a never-ending crusade against the game.

Thompson’s latest approach is that the game’s boy-kissing scenes are essentially porn, thus making Bully illegal to sell to minors. Although Thompson does not use the P-word, the statute he cites would generally relate to such material.

In a letter sent yesterday to several major retailers, Thompson writes:
 

"It turns out that the school violence simulation game Bully also contains homosexual activity between the game’s hero, Jimmy Hopkins, and other male students."

 

"It is my legal opinion that the sale of this game to minors, which is presently occurring at your stores in Florida, violates Florida’s ‘Sexual Material Harmful to Minors Statute,’ Florida Statute 847.102.  Each such sale to a minor constitutes a separate felony." 

"Such sales are occurring to children of all ages because of the game’s wholly inappropriate “Teen” rating, as opposed to the ‘Mature’ rating it deserves…"

GP offers a couple of points here:

First, the late Supreme Court Justice Potter Stewart once said that pornography is hard to define, "but I know it when I see it." We agree, and we’re definitely not seeing it with Bully’s silly boy-kissing scenes.

Next, the statute Thompson is referring to is 847.012, and this is what it says (GP has taken the liberty if adding "no" where Bully does not meet the statutory requirement):
 

"It is unlawful for any person knowingly to sell, rent, or loan for monetary consideration to a minor:

  • (a)  Any picture, photograph, drawing, sculpture, motion picture film, videocassette, or similar visual representation or image of a person or portion of the human body which depicts nudity (NO) or sexual conduct (NO), sexual excitement (NO), sexual battery (NO), bestiality (NO), or sadomasochistic abuse (NO) and which is harmful to minors, or

     

  • (b)  Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter defined in s. 847.001, explicit and detailed verbal descriptions or narrative accounts of sexual excitement (NO), or sexual conduct (NO) and which is harmful to minors.

     

In case you are wondering, kissing doesn’t qualify as "sexual conduct" under Florida law. For that definition, click here.

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