Dancing Judge Penned Decision Striking Down California Video Game Law

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.

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  1. TBoneTony says:

    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.


  2. Dan says:

    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.

  3. chadachada321 says:

    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?-

  4. Shadow D. Darkman says:

    This games’ winner is…



  5. JC says:

    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…

  6. shady8x says:

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

  7. gamadaya says:

    Well I guess all’s well that ends well.


    Internet troll > internet paladin

  8. mdo7 says:

    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.     

  9. C. Aaron Browbowski Jr. says:

    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!)

  10. PushDustIn says:

    @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. 


  11. C. Aaron Browbowski Jr. says:

    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!)

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