Louisiana Court Battle - Read the Important Rulings Here

December 1, 2006 -
As GamePolitics readers know by now, Federal District Court Judge James Brady tossed out Louisiana's video game law in a Baton Rouge courtroom on Wednesday.

The statute - authored by controversial attorney Jack Thompson - was ruled unconstitutional from the bench by Judge Brady. While GP has tracked a number of failed video game laws, Louisiana's is the first we can recall that drew such an abrupt dismissal. Typically there is a delay followed by the issuance of a written permanent injunction.

In Louisiana, however, Judge Brady granted the video game industry's motion for summary judgment on the spot. You can read his brief summary judgment order here

The most significant document in this case, however, is the preliminary injunction order issued by Judge Brady on August 24th. His summary judgment order actually points the reader back to that ruling in order the understand the legal rationale. Excerpts from the preliminary injunction ruling include:
The State’s argument overlooks a line of cases holding that video games are protected free speech…

Defendants (Louisiana) contend that the legislative record contains social science evidence demonstrating that violent video games are harmful. It appears that much of the same evidence has been considered by numerous courts and in each case the connection was found to be tenuous and speculative…

The evidence that was submitted to the legislature in connection with the bill that became the statute is sparse and could hardly be called in any sense reliable…

Comments

I would have prefered a full written ruling on the permanent injuntion rather then this. But still, it's good the law was tossed even though we all saw it coming.

I particularly like the fact that the ruling again mentions that all the previous attempts in other states failed for the same reasons, yet they keep trying.

There is no evidence connecting violent video games with real world violence and Jack Thompson is a moron for thinking that there is. He is an ambulance chaser and a fraud. He needs to have his license to practice law taken away.

With the kind of publicity Jack's been getting, Doug probably knows he doesn't have to do anything. It's like fighting an undead boss that cast healing spells on it's self and the player.
 
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NeenekoI keep forgetting we even have forums.10/02/2014 - 11:48am
ZippyDSMleeA shame we can't have good convos in the forums, seems to me its time to nuke and restart fresh on them.10/02/2014 - 11:45am
Papa MidnightOh, no problem! Just wanted to let you know that it's what we're discussing. By all means, join in!10/02/2014 - 11:36am
E. Zachary KnightNeeneko, No problem. In juicy conversations, key points of discussion get pushed off quickly.10/02/2014 - 11:36am
NeenekoA rather scary censorship. I have known too many people and small companies destroyed by such pressure, so this unnerves me at a pretty personal level.10/02/2014 - 11:36am
NeenekoMy bad, I always have trouble working out what is going on in shoutbox10/02/2014 - 11:34am
Papa MidnightTo a point stated earlier, it very much is a form of indirect censorship. Rather than engage in rhetoric and debate, one side has instead chosen to cut-off opposing viewpoints at the knees and silence them via destroying their means of income.10/02/2014 - 11:28am
Papa MidnightNeeneko: the topic of Intel's dropping of Gamasutra is indeed part of this very ongoing conversation.10/02/2014 - 11:26am
NeenekoThis can't be good... http://games.slashdot.org/story/14/10/02/1558213/intel-drops-gamasutra-sponsorship-over-controversial-editorials10/02/2014 - 11:25am
Andrew EisenAnd there's also the consideration that the fact that a former IGN editor was one of the people who worked on the game's localization may be unknown (although in this specific case, probably not. Drakes been very visible at events IGN covers).10/02/2014 - 11:24am
Papa MidnightAlso, let's face it: people seem to believe that a conflict of interest can yield only positive coverage. Who is to say that Audrey Drake did not leave on bad terms with IGN (with several bridges burned in their wake)? That could yield negative coverage.10/02/2014 - 11:23am
Papa MidnightThat's a fair question, and it's where things get difficult. While Jose Otero may not have any cause to show favor, Jose's editor may, as may the senior editor (and anyone else involved in the process before it reaches publication).10/02/2014 - 11:21am
Andrew EisenWould such disclosure still be required if Fantasy Life were reviewed by Jose Otero, who wasn't hired by IGN until sometime after Drake left?10/02/2014 - 11:19am
Papa MidnightIn that case, a disclosure might be in order. The problem, of course, is applying it on a case-by-case basis; As EZK said, what's the cut-off?10/02/2014 - 11:19am
E. Zachary KnightAndrew, a disclosure would probably be in order as she likely still has a strong relationship with IGN staff. My follow up question would be "What is the statute of limitations on such a requirement?"10/02/2014 - 11:09am
E. Zachary KnightSleaker, my hyperbole was intended to illustrate the difference and similarity between direct censorship and indirect censorship.10/02/2014 - 11:07am
Andrew EisenOpen Question: Former IGN Nintendo editor Audrey Drake now works in the Nintendo Treehouse. Do you think it's important for IGN to disclose this fact in the review of Fantasy Life, a game she worked on? Should IGN recuse itself from reviewing the game?10/02/2014 - 11:07am
E. Zachary KnightSleaker, My thoughts on disclosure: http://gamepolitics.com/2014/09/25/what-your-gamergate-wish-list#comment-29598710/02/2014 - 11:02am
Sleaker@EZK - using hyperbole is a bit silly. I'm asking a serious question. Where's the line on disclosure as relates to journalistic involvement in the culture they report on?10/02/2014 - 10:59am
E. Zachary KnightSo a journalist reporting on general gaming news mentions a specific developer and their game involved in said news, and it is suddenly some nefarious conspiracy to hide a conflict of interest. I think someone is reaching for validation.10/02/2014 - 10:53am
 

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