GP Archives: Podcast Details How CA Game Law Came to Be

August 7, 2007 -
Back in 2005, there was a regular GamePolitics podcast.

This episode, originally released on October 10th, 2005, explains how the California video game law managed to get passed and includes an interview with then-Assembly Speaker Leland Yee, the architect of the bill.

The podcast is a 14-minute mp3 file. By the way, the GP podcast will be returning in the near future.

Comments

@ Jack Thompson
You seem extremely determined, obsessed even, to let everyone know how sane and not obsessed you are.

@Jack "the hack" Thompson

Awful busy for a man with a heart ailment, aren't you?

Um, Jack, you do realize that the proper place to file stuff is with the court right? The comments section of several stories on an internet news site is for comments, not court filings.

IN THE SUPREME COURT OF THE STATE OF FLORIDA

THE FLORIDA BAR,

Complainant,

v. Case Numbers SC 07 - 80 and 07- 354

JOHN B. THOMPSON,

Respondent.

RESPONDENT’S VERIFIED MOTION RE COMPETENCY TO STAND TRIAL

COMES NOW respondent, John B. Thompson, and moves this referee for an order regarding both its and The Florida Bar’s ongoing failure to comply with the law of this state and of the federal system regarding “competency to stand trial,” stating:
THE UNREBUTTABLE FACTS
1. Fifteen years ago, The Florida Bar, on the urging of the former chairman of the Florida ACLU and of a gay rights/marijuana legalization/shock radio attorney in Ft. Lauderdale, secured an order from the Florida Supreme Court commanding respondent Thompson to submit to a battery of psychiatric and psychological tests to be administered by The Bar’s hand-picked mental health experts to determine if “Jack Thompson’s obsession against pornography is so severe that he is incapacitated by that obsession and unfit to practice law.” The threat by the Supreme Court, reduced to an order, was that if Thompson did not submit to these ordered tests, then he would be suspended immediately from the practice of law.
2. Thompson’s attorney at the time, John Longino, urged Thompson to fight this bizarre judicial fiat. Thompson disagreed. “Let’s find out if I’m crazy. Besides, my wife would probably like to know.” John Longino, licensed to practice law in Georgia and Florida (respondent extends his condolences as to the latter licensure), can be reached at 1-800-LONGINO to confirm this true tale, which has been recounted in full in Chapter 7 of Thompson’s Out of Harm’s Way, published by the second largest Christian publishing house in the United States. Referee Tunis called Thompson’s account “propaganda” and then refused to recuse herself despite that revealing slip.
3. The psych tests by The Bar’s health care experts were conducted, and there was even testing done of Thompson for “brain damage.” The Daily Business Review, then called the Miami Review, ran a front-page story whose headline was “Is This Lawyer Too Crazy to Practice Law?” Its author was Robert Kuntz, who has since left the field of journalism and practices law in Miami at Devine Goodman and whose contact information is at http://www.devinegoodman.com/rjk.htm. Mr. Kuntz can confirm all this. Mr. Kuntz and Thompson, years later, found themselves in a new members class at Old Cutler Presbyterian Church. The Florida Bar, by its reasoning, should be concerned that all members therein should have been Baker Acted.
The Miami Herald reported all of this and more about Thompson in a multi-page feature story by Fred Tasker in the Sunday edition of the paper.
4. The Bar’s mental health care experts rendered their report: “Mr. Thompson is fully competent. He does not suffer from paranoia, hallucinatory ideation, or any psychoses or neuroses of any kind whatsoever. He has no brain damage. He is simply a Christian acting out his faith.”
5. Upon Thompson’s becoming the only officially Bar-certified sane lawyer in the State of Florida, The Bar’s insurance carrier, appalled by what it had done to destroy Thompson’s career, in violation of its own Rules, paid Thompson money damages for the privilege of being publicly and illegally stigmatized. Thompson’s exoneration was buried back in the Miami Review’s legal notices. As far as he can recall, the Herald, which never forgave Thompson for being the Republican Party’s opponent of Janet Reno in the 1988 campaign for State Attorney, never reported Thompson’s vindication. There was probably “no space available.” Tom Fiedler, the man who made a career for himself hiding in Senator Gary Hart’s bushes to confirm sexual liaisons, who loathes Thompson for Thompson’s concerns about the distribution of pornography to children, can confirm just why the Herald refused to report this conflict’s resolution.
6. The Bar’s having proven, by its institutional lunacy, the competency and sanity of Thompson, it stopped its SLAPP harassment of Thompson and moved on to greener regulatory pastures.
7. In August 2004, after numerous successes in what some call the “culture war,” Thompson filed formal complaints with the Federal Communications Commission arising out of Miami radio station WQAM’s airing of the Howard Stern Show, whose host himself called his terrestrial radio program “pornographic.” Stern complained at the time that “This lunatic lawyer in Miami got me off the air,” as Thompson had persuaded Clear Channel Communications to remove Stern from all of its radio stations because he aired the following comment:
“Ever bang any famous nigger chicks? What do they smell like? Watermelons?
Thompson also secured, as the formal complainant, a $495,000 fine against Clear Channel for its airing of Stern in violation of 18 USC 1464, which statute was declared constitutional by the US Supreme Court in FCC v. Pacifica, an “inconvenient truth” ignored by ideological zealots like Bar Governor/ACLU operative/US DOJ “target letter” recipient/alleged Medellin cocaine cartel money launderer Ben Kuehne (Thompson’s “designated reviewer” in current Bar matters), and others collaborating with The Bar.
8. WQAM hired the aforementioned Ft. Lauderdale lawyer to file Bar complaints against Thompson in retaliation for his having filed his FCC complaint. Sworn answers to interrogatories filed last week by this lawyer prove and admit that that is precisely why he was hired by WQAM’s parent company, Beasley Broadcast Group, Inc., headquartered in Naples, Florida.
9. Significantly, when this lawyer wrote Thompson on August 24, 2004, threatening him with Bar complaints, this lawyer also threatened Thompson with new lunacy proceedings, which he spearheaded previously, with disastrous results (see above). Some people never learn.
10. On March 5, 2005, Thompson appeared on CBS’ 60 Minutes at the personal request of Ed Bradley to discuss the role that Take-Two Interactive’s Grand Theft Auto cop-killing simulation games played in the death of three cops in Alabama. That wrongful death case relies in part upon the sworn testimony of four experts who have testified before the United States Congress about the overwhelming evidence that interactive violence simulators (video games) can lead to increased aggression and even criminal violence by teens who play these adult-rated video games. The US Supreme Court’s case (Rappaport v. Sims) which struck down for the entire nation the juvenile death penalty the week before Thompson appeared on 60 Minutes, relies in part, as stated in Justice Kennedy’s opinion, upon brain scan studies that show that adolescents and teens process this violent information in a different part of the brain than do adults, which neurobiological differential leads to predictable, foreseeable copycat violence.
11. When Thompson appeared on 60 Minutes about all this, all Hell broke loose. The video game industry, principally but not exclusively through Take-Two, commenced a number of collateral SLAPP assaults upon Thompson in order to drive him out of the Alabama case and to destroy not only his career but also his usefulness in such cases. All of these SLAPP assaults are fraudulent, and their purpose is to “shoot the messenger” since Take-Two’s aggressive marketing and sale of adult video games to children is indefensible, and they know it.
12. “Big Tobacco” similarly targeted the Insider, Jeffrey Weigand, portrayed by Russell Crowe in that movie, after he appeared on 60 Minutes. Video game industry lawyers may not read their Bibles, but they sure do know their SLAPP manuals, cover to cover.
13. The centerpiece of Take-Two’s and the video game industry’s shoot the messenger strategy aimed at Thompson is a set of three Florida Bar complaints authored by Blank Rome, whose main office is in Philadelphia, with offices here in Florida. All of these complaints are baseless and rest upon the demonstrably false cornerstone assertion that Thompson achieved pro hac vice status in Alabama by means of lying about his “colorful disciplinary history before The Florida Bar.” This would be the disciplinary history exhaustively set out a) above, b) disclosed fully in Chapter 7 of his book Out of Harm’s Way distributed around the planet and available now from booksellers everywhere, and c) delineated, in every minute detail, in a 25-page filing with the Alabama State Bar and trial court prior to Thompson’s being granted pro hac vice status. This Blank Rome SLAPP stunt is all based upon a lie which The Bar fully knows to be a lie by virtue of its possession of all of the aforementioned proof that it is a lie. Significantly, The Florida Bar, in thwarting depositions, Requests for Admissions, Requests for Production, answers to interrogatories, and all other forms of discovery, including Florida Public Records Law requests, refuses to answer just what Thompson failed to disclose to Alabama about his “colorful disciplinary history.” The Bar refuses to answer that one question because it has no answer other than “nothing.”
14. Thompson has repeatedly sought resolution of this matter by mediation and other means for the past three yeas. The Bar responded to these overtures, if the reader of this can believe it, with a written demand that Thompson plead guilty to certain charges and that he agree to a forced to a mental health examination by the Florida Lawyers Assistance program to determine if Thompson is mentally ill, incapacitated, or otherwise incompetent. Importantly, the assessment of Thompson is to occur after the guilty plea! Said Barry Richards, of Greenberg Traurig in between gigs arising out of Presidential elections, told one court: Well, it has been 15 years since Mr. Thompson was examined. This from the partner of ethics paragon Jack Abramoff.
15. At a recent formal mediation endorsed by this referee, The Bar’s assistant prosecutor Sheila Tuma, who has done nothing with her life professionally but prosecute lawyers, having never practiced law in the real world, waltzed into the mediation and demanded that Thompson accept a mental health exam or be disbarred. This is a Hobson’s choice, and The Bar knows it. On the one hand, there is the option of a second public stigmatization of a forced mental exam, and the sure end to Thompson’s career. On the other hand, there is disbarment. None of the SLAPP-happy Blank Rome lawyers care which Thompson picks. The result will be the same. As to disbarment, it will most assuredly occur, as Judge Tunis, apparently selected by Chief Judge Farina because she could be counted upon to secure the “proper result” in these disciplinary matters, just as Judge Farina’s “proper result” in the Lozano case led to race riots in Miami (just ask Superlawyer Roy Black, whose Medellin cartel bagman is alleged to be Bar Governor Ben Kuehne), has denied Thompson any and all opportunities to posit and prove his various defenses in the case and at trial before her. This is a judge who gives more due process to alleged rapists in her courtroom.
16. The Bar’s position, then, is that there is ample reason to believe that Jack Thompson, respondent herein, is incompetent. The Bar is sufficiently sure of this that it has now, twice, over the span of a year, demanded that Thompson submit to an assessment of that very issue by the folks at the Florida Lawyers Assistance program.
17. Despite the smug certitude of The Bar on this issue, The Bar refuses to comply with Bar Rule 3-7.13, which requires that such a demand can only be made a) after a sworn complaint is filed against an alleged mentally incompetent lawyer, b) after there is a staff office investigation, c) after a grievance committee, in this case Grievance Committee 11-F, finds “probable cause” that a lawyer is incompetent, and d) only after the allegedly incompetent lawyer is eyeballed by the grievance committee to see how crazy he really is.
The Bar has complied with none of these procedures set forth in Rule 3-7.13, confirmed as necessary and proper in a phone call between Thompson and the Director of Lawyer Regulation Ken Marvin, who sits in Tallahassee, charged with the obligation that this type of perversion of The Bar’s disciplinary process, in violation of its own Rules, not occur.
18. If the reader of this reads and gets nothing else herein, then he/she, especially Bar referee Tunis, should “get” this: The Bar cannot logically, and as a matter of law, propose a settlement of these disciplinary matters while demanding that Thompson be assessed for mental competency after he agrees to a plea deal. If Thompson is “incompetent” then he lacks the mental capacity, in a legal and in a common sense use of the term, to consent to anything. This is covered the first week in law school.
19. Further, if Thompson is not only “incompetent” now but incompetent previously, during the period of time that Thompson’s activism against those who distribute adult entertainment to children were threatening all of western civilization with his untoward behavior, then that alleged lack of mental incapacity serves to mitigate, in part or in whole, his culpability for what he allegedly did. No judicial system on earth, as far as Thompson can ascertain, determines whether a defendant is guilty, either by trial or by an admission of guilt, and then determines if he was and is insane, incompetent, or whatever stigmatizing term the state wishes to put on it. The Bar has, by design, put the guilt cart before the lunacy horse. Duh.
20. Can The Bar follow this reasoning? Of course it can. Even Thompson in his allegedly incompetent state can follow it. Hell, he’s making the analysis.
21. It is not Thompson’s position that he is incompetent. It is the freaking Bar’s position that he is incompetent, if the court will excuse the use of the vernacular to underscore the point. The Bar cannot hold permanent disbarment over Thompson‘s head in order to compel, by means of extortion, a forced mental health exam. The extortion is proven by The Bar’s utter refusal to answer any questions about what the nature of the alleged incompetency is and who is alleging it. This is Bad Faith 101. The bad faith is also proven by The Bar’s utter failure to follow its own procedures, clearly and lucidly set forth in Bar Rule 3-7.13, as to how to secure an examination and determination of the mental health of a lawyer if it reasonably believes he is incompetent.
22. So, to sum up and in trying to be so clear that even The Bar gets it, The Bar has hoist itself upon its own petard. It has been so clever in serially trying to use Thompson’s alleged mental illness(es) to coerce and exhaust him, that it has created for itself a dilemma, a conundrum, from which it must escape, one way or the other:
23. Either The Bar proceeds, under its Rules, to determine if Thompson is in fact incompetent, or it knocks this lunacy crap off.
24. As to the referee who keeps pointing out how cordial she is, while at the same time turning every hearing herein into a mendacious rubber stamp for whatever the gulagists at The Bar want, just as some of the guards at Treblinka undoubtedly smiled as they took their “relocated” prisoners to their showers, she, Judge Tunis, must follow The Bar’s own logic to where it has now led us all:
25. Either Judge/Referee Tunis conducts a preliminary competency hearing as to whether Thompson is competent to stand trial, or she explains in open court why she will not do that. Thompson has neither the time this referee has not the interest, it seems, in bothering to read legal research, that proves that no court, on planet Earth, can proceed with a trial when the prosecution asserts that the defendant is incompetent and must be examined for such incompetence. There must be a determination of that first, and then what follows follows. Those who know Judge Tunis say how smart she is. Respondent is sure she can figure this out, as there are literally thousands of cases, in Florida and other jurisdictions, that explain what “incompetent to stand trial” is and how the issue is to be addressed preliminarily, not after a trial occurs.
26. David Chapman, the man who shot Lennon outside the Dakota, was found “incompetent to stand trial.” He is still incompetent to stand trial. He has never been adjudicated guilty of anything, apparently because New York State has prosecutors, unlike The Bar’s Ms. Tuma, who went to Kafka School of Law, who understand that prosecutorial decisions, including extortion games, have consequences.
27. The Florida Bar has been, as the British say, too clever by half. On the one hand these paragons of procedures and ethics, these self-righteous Pharisees of political correctness, assert Thompson is incompetent, that he must plead guilty to all sorts of things while he is allegedly incompetent, that his apparent incompetence acts as no mitigation of what he allegedly did while incompetent, and he must agree to this completely insane approach by The Bar or he will in fact be permanently disbarred. Who is crazy in all this? Is it Thompson, or is it the apparent idiot savant immediate past President of The Florida Bar, Hank Coxe, who sat there in the Tallahassee offices of Greenberg Traurig and told Thompson, in front of five other witnesses, that Thompson should have his licensed pulled for being “vitriolic.” Hank Coxe should have his license pulled for being the functional equivalent of a regulatory moron. How about psych tests for Bar Governors? Thompson will pick the mental health experts.
28. How far does this recidivist effort to pathologize Thompson’s Christian, conservative activism go? It goes back fifteen years. How deep does it go? Here’s just one index of how deep:
29. The new Chairman of Take-Two Interactive Software, Inc., Strauss Zelnick, who led the successful charge to wrest control of that porn-to-kids video game company, on behalf of major institutional investors, agreed to meet on Central Park West recently with Thompson, just a few minutes’ walk away from the aforementioned Dakota. Strauss Zelnick posited one and only one question to the man who arranged the meeting, at which Mr. Zelnick assured Thompson that Take-Two was “in a war with Thompson that would be won at any cost.”
30. The question Mr. Zelnick asked, who has seen his company plummet since under his brilliant guidance, asked: “Is Jack Thompson insane? My people [Blank Rome] tell me he is.” Said the go-between, who has known both Thompson and Zelnick for years: “No, Strauss, he’s more sane than you.”
31. Let The Bar either put up or shut up about this lunacy matter. It cannot have it both ways. It must either drop this lunacy nonsense or use proper procedures, under its own Bar Rule 3-7.13, to determine whether Thompson is competent to stand trial, and that means before the trial, not after. This is so simple and so logical, that even a crazy person can comprehend it.
WHEREFORE, based upon all of the above, the referee must order a competency hearing if The Bar does not withdraw its written demand for a mental competency examination. Let’s have The Bar either stop this hurtful illegal insanity, or come forward with proof Thompson is impaired.
I HEREBY CERTIFY that I have provided this to Sheila Tuma, The Florida Bar, 1200 Edgewater Drive, Orlando, Florida, the 7th day of August , 2007, and to Judge/Referee Dava J. Tunis, who would do well to read it and act judiciously thereupon.
I FURTHER AFFIRM that the factual assertions above, under penalty of perjury, are true, correct, and complete, so help me (can I say this?) God.

_____________________________
JOHN B. THOMPSON, Attorney
Florida Bar #231665
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146

As I've already said, what I'd like to hear in GP podcasts is interviews with "the other side", i.e. video game critics and industry critics (and, optionally, non-gamers who, one day, got involved in video game debate).

Examples :
- Susan Linn (CCFC)
- Craig Anderson
- Jim Steyer (Common Sense Media)
- Douglas Gentile (NIMF)
- Diane Levin (CCFC)
- Peter Jaffe (Media Violence Coalition - Canadian)
- Rose Dyson (C-CAVE)
- Daphne White (ex-Lion and the Lamb)

I will be jumping all over podcasts in January 08, with a monthly episode thereafter.

I'm very excited about it!!!

All of the above, please. :)

honestly id like to hear gps opinions on said stories (i dont have a ipod but as long as its done in mp3 format that wont bother me)

interviews with the industry and some politicians would be nice too

So GPers, what would you like to hear in a GP podcast?

-Recaps of the weeks top stories?
-GP's opinion and commentary on said stories?
-Interviews with industry and political notables?


Andrew Eisen

top rated gps...

yes indeed......

gps rated...

The built in proximity alert system lets you set alarms when you get close to these areas. That allows you to avoid the headaches that might come from traffic or speeding through a school zone....

He turned her ounce and kissed her deeply, worshiping her bereft or beige to sputter the efficient merkte of his binkini as it invaded her again. Sarah's christina aguilera concerts was instantly slender, contentedly Kath's unkempt didn't represent morally as stretched unevenly that the hardest year was over.
 
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Matthew Wilsonthe interview will be on youtube/xb1/ andriod today.12/24/2014 - 1:05pm
james_fudge1900's?12/24/2014 - 12:56pm
james_fudgeYeah we could go way way back :)12/24/2014 - 12:56pm
E. Zachary KnightCopyright law in general has been broken since at least 1976. Could be even earlier than that.12/24/2014 - 12:24pm
james_fudgeWhat he said :) They want to make it worse than it already is.12/24/2014 - 12:14pm
Papa MidnightDMCA has been broken since 1998. Good luck getitng Congress to do something about it.12/24/2014 - 11:39am
Craig R.At least they owned up to the mistake. But doesn't change the fact that DMCA is thoroughly broken.12/23/2014 - 5:23pm
MaskedPixelanteSpeaking of Dark Souls OMG I'M MAKING ACTUAL PROGRESS WTH IS THIS WHAAAAAAA12/23/2014 - 10:49am
MaskedPixelantehttp://www.neogaf.com/forum/showpost.php?p=144500932&postcount=740 Yup, DSFix was part of an unrelated take down, and is being resolved.12/23/2014 - 8:04am
prh99Of course had they not done such a rush on the port we wouldn't dsfix to make the game not look and play like ass. 720 internal renders aren't so hot scaled to 1080.12/23/2014 - 7:38am
Papa MidnightIt was most likely an automated tool. Happens all the time. Just another case of the broken DMCA Claim and Takedown process that puts the entirety of the burden of proof on the accused instead of the claimant.12/22/2014 - 10:09pm
Conster*applauds IanC*12/22/2014 - 7:37pm
MaskedPixelanteSounds like BN was going after an unrelated mod, and took out DSFix in the process. Probably once a counterclaim goes out, this'll all be sorted out.12/22/2014 - 7:04pm
Matthew Wilsonhttp://www.neogaf.com/forum/showpost.php?p=144440299&postcount=1 wtf is namco thinking.......12/22/2014 - 6:17pm
MaskedPixelantehttp://www.joystiq.com/2014/12/22/read-the-fine-print-ubisoft-free-game-offer-waives-lawsuits/12/22/2014 - 6:00pm
Papa MidnightI kind of liked the movement to have Terry Crews play him instead, but this will do.12/22/2014 - 3:40pm
MaskedPixelantehttp://marvel.com/news/tv/23866/mike_colter_to_star_as_luke_cage_in_marvels_aka_jessica_jones#ixzz3MeuUl63P Mike Colter is Luke Cage.12/22/2014 - 3:23pm
IanCBecause that isn't Max Payne 3. It might have the name, but it isn't an entry in the series.12/22/2014 - 12:48pm
IanCOh theres a Max Payne 3? A proper one, or are we referring to that abomination that Rockstar crapped out a few years ago12/22/2014 - 12:48pm
IanCUpgraded PS3 hard drive to 500gb. Restored 53GB back up. Done the maths, have somehow used up 106GB already?12/22/2014 - 12:44pm
 

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