Dancing Judge Penned Decision Striking Down California Video Game Law

February 22, 2009 -

As GamePolitics reported on Friday, a three-judge panel of the U.S. 9th Circuit Court has upheld a lower court's ruling that California's 2005 video game law is unconstitutional.

The decision in the case was written by Judge Consuelo Callahan (left). As we have previously reported, Judge Callahan is known as The Dancin' Queen of the Ninth Circuit:

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...

Hoofer or not, Judge Callahan reiterated the constitutional issues raised by other federal courts where restrictions on video game content are concerned:

The government may not restrict speech in order to control a minor's thoughts...

The [U.S.] Supreme Court has carefully limited obscenity to sexual content. We decline the state's invitation to apply the (same) rationale to materials depicting violence.

DOCUMENT DUMP: Grab a copy of Judge Callahan's ruling here.


Comments

Re: Dancing Judge Penned Decision Striking Down California ...

I'm glad to see that at least one judge understands how pointless the 2005 law was!! Kudos to her!

 

-Chuck Deluxe Hip Hop Music

-Chuck Deluxe Hip Hop Videos

Re: Dancing Judge Penned Decision Striking Down California ...

At least a court Judge knows how to have fun and enjoy it at the same time.\

Good on her for supporting the Freedoms of Speech and Expression and also highliting that America already has its rules on obsinitey and how Videogames up to the M17+ rating are deemed to be ok even though they can be voilent for some people.

 

TBoneTony

Re: Dancing Judge Penned Decision Striking Down California

Game, set, match.

Re: Dancing Judge Penned Decision Striking Down California

This games' winner is...

CONSUELO CALLAHAN

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Dancing Judge Penned Decision Striking Down California ...

...

Well I guess all's well that ends well.

---------------------------------

Internet troll > internet paladin

-------------------------------------------------------- Believe in something! Even if it's wrong, believe in it! GET OFF MY PHONE! -Glenn Beck

Re: Dancing Judge Penned Decision Striking Down California ...

Heh. If I lived under her jurisdiction, I'd ask for her autograph. We need more lawpeople with a sense of humor.

------ Ago. Perceptum. Teneo.

Re: Dancing Judge Penned Decision Striking Down California ...

That's the truth!!

 

-Chuck Deluxe Smif-N-Wessun

-Chuck Deluxe Hip Hop Videos

Re: Dancing Judge Penned Decision Striking Down California ...

I love how Judge Callahan states that the material in question is "depicting violence" as opposed to being "violent". The crazies always state that the games are violent, as if they'd beat you in your sleep or stab you.

I remember reading about the tap dancing thing long ago on GP, it is amazing how many years have passed since then...

Re: Dancing Judge Penned Decision Striking Down California

Damn crazy judges!!! How are heroes like lelland yee and jacko supposed create a nanny state if judges keep upholding the rule of law?!?!?!?

Re: Dancing Judge Penned Decision Striking Down California ...

@M. Carusi I'm sure Yee will called Callahan "biased" for this. But the same thing could be said the other way around. I'm a little surprised that this bill was struck down since Prop-8 is still in effect, but I guess freedom is a continuing battle.  

Off topic: Honestly, I think a fighting game could be made with the anti-video game coalition versus the pro-gaming coalition. Jack Thomspon, Judge Callahan, Yee, Hillary Clinton, Fred Upton, Sam/Dan Houser, Lieberman, David Grossman, etc, etc could all be playable characters and battle for the future of video games. 

www.katamaridemocracy.com

Re: Dancing Judge Penned Decision Striking Down California ...

fyi, this battle of freedom has been continuing since the founding of this country, maybe even beyond that. i mean no harm though

Jesus Jack Jones Thompson loves you, so die for him instead or the other way around so he can sue your ass back to the stoneage (oooh upgrade!)

Jesus Jack Jones Thompson loves you, so kill for his amusement so we can get money for the new "People's Temple of Jesus Jack Jones Thompson"

Re: Dancing Judge Penned Decision Striking Down California

How much is someone willing to bet that Leland Yee will call Judge Callahan 'biased' for this? 

M. Carusi

Capitol Gaming

http://capitolgaming.blogspot.com

or worse forging a alliance with Jack Thompson

I wouldn't be suprised if Yee team up with Thompson.  They both have a agenda, and has Yee ever started to act paranoid like JT did.  They can both say the judge was doing something bad just like how JT tried to give the florida judge and the bar a bad name.     

Re: or worse forging a alliance with Jack Thompson

I think that would be a dream team for Thompson and wouldn't be surpised if they have at least talked to each other.

www.katamaridemocracy.com

Re: Dancing Judge Penned Decision Striking Down California ...

thank you jesus, (no pun intented from my signature)... somebody finally gets it right besides the florida bar!

Jesus Jack Jones Thompson loves you, so die for him instead or the other way around so he can sue your ass back to the stoneage (oooh upgrade!)

Jesus Jack Jones Thompson loves you, so kill for his amusement so we can get money for the new "People's Temple of Jesus Jack Jones Thompson"

Re: Dancing Judge Penned Decision Striking Down California

Haven't read the full ruling, but sweet. This is just what we need, one more down.

-If an apple a day keeps the doctor away....what happens when a doctor eats an apple?-

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

Re: Dancing Judge Penned Decision Striking Down California

Dancing judge? it means her next move might be striking hip hop dance music or what?!

 
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Matthew WilsonI updated to a clean instill of windows 10.07/29/2015 - 2:36am
Mattsworknameargue that it's wrong, but then please admit it's wrong on ALL Fronts07/29/2015 - 2:06am
MattsworknameTechnoGeek: It's actually NOT, but it is a method used all across the specturm. See Rush limbaugh, MSNBC, Shawn hannity, etc etc, how many compagns have been brought up to try and shut them down by going after there advertisers. It's fine if you wanna07/29/2015 - 2:05am
Mattsworknamediscussed, while not what I liked and not the methods I wanted to see used, were , in a sense, the effort of thsoe game consuming masses to hold what they felt was supposed to be there press accountable for what many of them felt was Betrayal07/29/2015 - 2:03am
MattsworknameAs we say, the gamers are dead article set of a firestorm among the game consuming populace, who, ideally, were the intended audiance for sites like Kotaku, Polygon, Et all. As such, the turn about on them and the attacking of them, via the metods07/29/2015 - 2:03am
MattsworknameAndrew: Thats kind fo the issue at hand, Accountable is a matter of context. For a media group, it means accountable to its reader. to a goverment, to it's voters and tax payer, to a company, to it's share holders.07/29/2015 - 2:02am
Andrew EisenAnd again, you keep saying "accountable." What exactly does that mean? How is Gamasutra not accounting for the editorial it published?07/28/2015 - 11:47pm
Andrew EisenMatt - I disagree with your 9:12 and 9:16 comment. There are myriad ways to address content you don't like. And they're far easier to execute in the online space.07/28/2015 - 11:47pm
Andrew EisenMatt - Banning in the legal sense? Not that I'm aware but there have certainly been groups of gamers who have worked towards getting content they don't like removed.07/28/2015 - 11:45pm
DanJAlexander's editorial was and continues to be grossly misrepresented by her opponents. And if you don't like a site, you stop reading it - same as not watching a tv show. They get your first click, but not your second.07/28/2015 - 11:40pm
TechnogeekYes, because actively trying to convince advertisers to influence the editorial content of media is a perfectly acceptable thing to do, especially for a movement that's ostensibly about journalistic ethics.07/28/2015 - 11:02pm
Mattsworknameanother07/28/2015 - 9:16pm
Mattsworknameyou HAVE TO click on it. So they get the click revenue weather you like what it says or not. as such, the targeting of advertisers most likely seemed like a good course of action to those who wanted to hold those media groups accountable for one reason07/28/2015 - 9:16pm
MattsworknameBut, when you look at online media, it's completely different, with far more options, but far few ways to address issues that the consumers may have. In tv, you don't like what they show, you don't watch. But in order to see if you like something online07/28/2015 - 9:12pm
MattsworknameIn tv, and radio, ratings are how it works. your ratings determine how well you do and how much money you an charge.07/28/2015 - 9:02pm
Mattsworknameexpect to do so without someone wanting to hold you to task for it07/28/2015 - 9:00pm
MattsworknameMecha: I don't think anyone was asking for Editoral changes, what they wanted was to show those media groups that if they were gonna bash there own audiance, the audiance was not gonna take it sitting down. you can write what you want, but you can't07/28/2015 - 8:56pm
MattsworknameAndrew, Im asking as a practical question, Have gamers, as a group, ever asked for a game, or other item, to be banned. Im trying to see if theres any cases anyone else remembers cause I cant find or remember any.07/28/2015 - 8:55pm
Andrew EisenAs mentioned, Gamasutra isn't a gaming site, it's a game industry site. I don't feel it's changed its focus at all. Also, I don't get the sense that the majority of the people who took issue with that one opinion piece were regular readers anyway.07/28/2015 - 8:43pm
MattsworknameDitto kotaku, Gawker, VOX, Polygon, ETC07/28/2015 - 8:41pm
 

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