Louisiana Judge Overturns Video Game Ban
Earlier this year, busybody lawmakers in Louisiana (who didn't have anything else to worry about, certainly nothing that rhymes with "Katrina reconstruction"
sought to fine retailers who sold video games that an "average person" thought appealed to a "morbid interest in violence." In addition, the law banned sales to minors of games that were"patently offensive" to an adult, or the games lacked artistic, political or scientific value. Each incident would carry a fine of at least $2000 and up to a year in prison. Yeah, that made a lot of sense.
Last week, a judge overturned the law, ruling that it was unconstitutional.
U.S. District Judge James Brady said the state had no right to bar distribution of materials simply because they show violent behavior. Brady issued an injunction, calling the law an "invasion of First Amendment rights" of producers, retailers and the minors who play the games.
"Depictions of violence are entitled to full constitutional protection," Brady wrote Thursday.
Four other states have had similar bans overturned on similar grounds, and a judge in Illinois ordered the government to pay over $500,000 to various groups who incurred legal fees in an effort to defeat a ban in that state. A spokesman for one of the groups, the Entertainment Software Association, made a very good point when he said,
"In the post-Katrina era, voters should be outraged that the Legislature and governor wasted their tax dollars on this ill-fated attack on video games."
According to Wired News, the sponsor of the bill didn't return calls seeking comment on the ruling, and the governor of Louisiana made some laughable statement about expecting courts to "protect the children" from video games.
Judge James Brady displayed a shocking grasp (+3 to hit against opportunistic politicians) of common sense in his ruling.
Brady deflected the arguments by the state that video games should be treated differently from other forms of media because their interactive format can encourage violence.
"This argument has been rejected many times," Brady wrote, noting that other judges have ruled that movies and television also have interactive elements.
Brady also rejected the state's argument that video games depicting extreme violence can be "psychologically harmful" to minors.
"The state may not restrict video game expression merely because it dislikes the way that expression shapes an individual's thoughts and attitudes," he wrote.
The state has not decided if it will appeal the ruling. Hopefully, lawmakers in Louisiana will turn their attention to things that actually matter in the coming months, or at least relax with some of those popular games that have artistic, political or scientific value.
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MschfMayhemSoap
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