Obama's Commerce Nominee Signed 2003 Video Game Bill Into Law

February 27, 2009 -

Former Washington Gov. Gary Locke (D), President Barack Obama's latest choice for Commerce Secretary, carries a bit of video game baggage into his new position.

In 2003, while serving as Governor, Locke signed into law the nation's first statewide violent video game legislation. The measure, which was proposed by Rep. Mary Lou Dickerson (D), barred minors from purchasing games in which the player kills or injures "a human form who is depicted, by dress or other recognizable symbols, as a public law enforcement officer."

The video game industry filed suit, of course (VDSA vs. Maleng). In July, 2004, a federal court struck down the Washington law. In ruling the statute unconstitutional, U.S. District Court Judge Lasnik wrote:

The games at issue...[have] story lines, detailed artwork, original scores, and a complex narrative which evolves as the player makes choices and gains experiences. All of the games provided to the Court for review are expressive and qualify as speech for purposes of the First Amendment...

 

[The law] failed to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly... Would a game built around The Simpsons or Looney Tunes characters be 'realistic' enough to trigger the Act?... Do the Roman centurions of Age of Empires, the enemy officers depicted in Splinter Cell, or the conquering forces of Freedom Fighters qualify as ‘public law enforcement officers'?

GP: Although it's unlikely that Locke, if confirmed, will have much to do with video game issues as Secretary of Commerce, it is an interesting historical footnote, nonetheless.


Comments

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

I wonder if the Combine from HL2 would count? They're definitely the local law-enforcing governmental agency.

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

Im glad the judge knew what he was talking about.

 

"I am Alpha and Omega, the beginning and the end. I will give unto him that is athirst of the fountain of the water of life freely"

"I am Alpha and Omega, the beginning and the end. I will give unto him that is athirst of the fountain of the water of life freely"

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill ...

But this guy paid his taxes right?

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

I like how the judge pointed out the vagueness of the law. Obviously it would restrict minors from buying games such as GTA, but there are many other situations where this would come into effect. In World In Conflict (a T-rated RTS), the player can kill a cop by looking around on the map for one, and then ordering an artillery strike in the area. It's not productive for your side, there are no "kill the cop" objectives, it's just a thing you could do in the game. But under this law, selling World In Conflict to a minor would be illegal. Technically, under this bill, minors couldn't even buy games where the player shoots police officers enforcing a police state, whether they're Nazis or fiftitious oppressors.

 

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Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

Well, he may have little if anything to do with legislating games, but it seems the DoC could have an impact on the games industry from an economic or laborforce issue:

From Wikipedia:

The mission of the department is to "promote job creation and improved living standards for all Americans by creating an infrastructure that promotes economic growth, technological competitiveness, and sustainable development." Among its tasks are gathering economic and demographic data for business and government decision-making, issuing patents and trademarks, and helping to set industrial standards.

So I guess if the issue of developers' union were to come up, the DoC could be in on all the hubub.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill ...

I love that excerpt from the opinion. The Judge was very smart not to wade into the whole Grand Theft Auto scene and instead created this ridiculous image of some kid on trial for playing a game where he beats up Chief Wiggum.

That judge needs to be on the Supreme Court.

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill ...

AS far as I remember he was a character in Simpsons Road Rage.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

I'm impressed by the judge's write up about the knowledge of such games.

Re: Obama's Commerce Nominee Signed 2003 Video Game Bill Into

Yeah.  It seems the case got a judge who is a gamer.

 
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Matthew Wilsonit is a game worth playing if you have a pc/360/ps304/20/2014 - 9:34pm
MaskedPixelantehttps://twitter.com/IGLevine/status/457552538343325696 The Lutece Twins show up in some of the most unlikely of places.04/20/2014 - 2:44pm
Andrew EisenAs it happens, Chinatown Wars is the only GTA game I've played.04/19/2014 - 10:43am
Papa MidnightWith GTA5 (to date) failing to even provide indication of a PC release, I'm realising that this might be the first GTA game that I have not played (outside of Chinatown Wars) since the series inception.04/19/2014 - 8:14am
IanCSo im guessing a bunch of edutainment games, which a lot of people elsewhere are going gaga over, dot count as classics? Okay. If you don't mind me, i have a sudden urge to play Putt Putt....04/19/2014 - 6:15am
MaskedPixelantehttp://www.joystiq.com/2014/04/18/playstation-99-cent-sale-discounts-tokyo-jungle-super-stardust/ Weekend long PSN flash sale. So much stuff is 99 cents for the rest of the weekend.04/18/2014 - 5:59pm
Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
 

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