The Political Game: The circus comes to Louisiana
Each week Dennis McCauley contributes The Political Game, a column on the collision of politics and video games
:
If you think back to this time last year, you'll surely recall the State of Louisiana being ravaged by Hurricane Katrina. Traumatized residents there are still trying to rebuild their lives. These poor souls need all kinds of help - loans and subsidies, jobs and infrastructure repairs.
So the Louisiana legislature gave them a video game law.
Just why a state that is best known for its annual, drunken, boob-flashing street party felt squeamish about, of all things, video games has never been clear. But Rep. Roy Burrell, a Louisiana Democrat, harbored strong feelings about the issue. Apparently frustrated by the failure to get his first effort passed in 2005, Burrell called in a legal gunslinger from out of town:
Jack Thompson.
Unfazed by his very public dismissal from a video game lawsuit in Alabama, the game-bashing Florida attorney set himself to studying federal court decisions in past video game cases. At some point Thompson managed to convince himself and Rep. Burrell that he had discovered the Holy Grail of video game laws – one that would survive all constitutional challenges.
So Thompson drafted a bill and Burrell sponsored it in the legislature. In May, while the attention of the video game world was focused on what would turn out to be the last E3, the pair presented their brainchild, House Bill 1381, to the Criminal Justice Committee of the Louisiana House.
Video footage available on the legislature's website reveals a vintage Thompson performance. During the hearing the anti-game crusader held up a copy of Vice City and told the assembled legislators, "It's not even speech of any kind. It is a device." That's a highly debatable assertion, since a half-dozen federal courts had already ruled that video games are speech. But no Louisiana legislator raised a voice in question.
Thompson's testimony took an especially dramatic turn when he explained to the committee how the PS2's vibrating controllers program gamers to kill.
"(the controller) literally gives you a pleasurable jolt and vibration back into your hands every time you kill someone," said Thompson, his voice dripping with disgust. "When you take a car and you run over innocent virtual pedestrians in the game you get a pleasurable vibration as your wheels go over their skulls..."
With the nonsense meter now dialed all the way up, Burrell waded in, criticizing a racist Flash game that was then circulating the Web. Just one problem: the game, Border Patrol, was a non-retail product over which his legislation would have absolutely no control.
Next, Burrell related the story of an Oklahoma man accused of the horrendous murder of a child. Why he chose this example also remains unclear, since the 26-year-old suspect was no kid, and the "violent" game he played, Kingdom of Loathing, is a non-retail, non-industry, online product in which stick figures – stick figures! – battle one another. Once again, his bill would have no impact on the very example he raised to support it. Burrell wrapped up his presentation with the words, "Mr. Chairman, we got a problem..."
We sure do, Mr. Chairman. The problem is that the witnesses are completely blowing smoke up your ass.
Despite the Bizarro testimony, Rep. Burrell's bill would go on to pass Louisiana's House and Senate unanimously. The governor signed the bill into law and, as expected, the video game industry immediately sued on constitutional grounds.
Surely, this was Jack Thompson's high-water mark in his longstanding crusade against video game violence. The bill he personally authored and championed had passed without a single "nay" vote. At long last he had plunged his sword of righteousness into the cold heart of the evil, child corrupting video game industry. The sound of Doug Lowenstein grinding his teeth could be heard all the way from Washington, D.C. to Baton Rouge to Miami.
And then, just when he should have been savoring his moment in the sun, Jack Thompson instead switched into political self-destruct mode. Things started unraveling in mid-July with his ill-fated attempt to file an amicus curiae or "friend of the court" brief with Federal Judge James Brady, who is presiding over the industry lawsuit. It seems that a couple of those oh-so-annoying legal requirements were forgotten, including the one that says Thompson isn't licensed to practice before Judge Brady's court and thus can't file anything there.
Oops.
Before you could say, "Law 101," Judge Brady denied Thompson's amicus brief. On the heels of this embarrassing episode, Thompson inexplicably decided to burn his bridges with the Louisiana Attorney General's Office. Since Louisiana A.G. Charles Foti and his deputy, Burton Guidry, were the guys defending Thompson's own video game law against the industry's legal challenge, this was a rather puzzling strategy, sort of like tackling your own quarterback.
While it's hard to know what went on behind the scenes, public statements from the A.G's Office were solidly behind Thompson's law. Guidry, especially, sounded like a Jack Thompson clone, telling a local newspaper that violent games "teach a kid how to kill, how to rape, how to defile a person, how to kill an officer. Video (game industry) people hide behind the fact that it's a cartoon," and pledging, "The office of the attorney general is going to defend this all the way to the (U.S) Supreme Court."
Despite Guidry's public exhortations, things took an ugly turn when Thompson accused Guidry and his boss of mishandling the case and demanded that Gov. Kathleen Babineaux Blanco assign the defense of the state's video game law to someone else.
"I regret to inform you," Thompson wrote to the Guv, "that... your Attorney General's office has utterly dropped the ball... tell your Attorney General, Mr. Foti, either to do his job or get out of the way so that others can do it for him."
In the midst of Thompson's sudden attack on the A.G.'s Office, Rep. Burrell put on a brave face, backed his man Jack, and tried to play the role of peacemaker.
"Historically," Burrell said, "we Louisianans are known ourselves to be a little testy at times, just enough to get the old blood boiling. Hopefully, the additional adrenaline and testosterone being displayed here may be just the extra 'uh' needed in the upcoming 'cockfight' over the constitutionally of this bill."
Adrenaline and testosterone and cockfights? Oh, my!
While the Louisiana situation is fascinating in much the same way that train wrecks are, it also raises many questions. For now, the A.G.'s office must soldier on, defending Thompson's law through gritted teeth. I can't imagine they're too thrilled about it, but they are professionals and will do what needs to be done. The governor's office certainly is not going to pull Foti and Guidry off the case.
Despite his conciliatory statements, Rep. Burrell has to be wondering what he's gotten himself into. While Jack Thompson is just passing through Louisiana, Burrell, Foti, Guidry and Gov. Blanco all have to work together long after this particular storm subsides.
As for the Louisiana video game law itself, the case remains under review by Judge Brady. A temporary restraining order blocks it from being enforced. Expect a ruling soon on the industry's request for a temporary injunction.
And don't think for a minute that the political fireworks are over in Louisiana.
Dennis McCauley is Editor of GamePolitics.com and writes about games for the Philadelphia Inquirer. Opinions expressed in The Political Game are his own. Reach him at dennis@GamePolitics.com.
:
If you think back to this time last year, you'll surely recall the State of Louisiana being ravaged by Hurricane Katrina. Traumatized residents there are still trying to rebuild their lives. These poor souls need all kinds of help - loans and subsidies, jobs and infrastructure repairs.So the Louisiana legislature gave them a video game law.
Just why a state that is best known for its annual, drunken, boob-flashing street party felt squeamish about, of all things, video games has never been clear. But Rep. Roy Burrell, a Louisiana Democrat, harbored strong feelings about the issue. Apparently frustrated by the failure to get his first effort passed in 2005, Burrell called in a legal gunslinger from out of town:
Jack Thompson.
Unfazed by his very public dismissal from a video game lawsuit in Alabama, the game-bashing Florida attorney set himself to studying federal court decisions in past video game cases. At some point Thompson managed to convince himself and Rep. Burrell that he had discovered the Holy Grail of video game laws – one that would survive all constitutional challenges.
So Thompson drafted a bill and Burrell sponsored it in the legislature. In May, while the attention of the video game world was focused on what would turn out to be the last E3, the pair presented their brainchild, House Bill 1381, to the Criminal Justice Committee of the Louisiana House.
Video footage available on the legislature's website reveals a vintage Thompson performance. During the hearing the anti-game crusader held up a copy of Vice City and told the assembled legislators, "It's not even speech of any kind. It is a device." That's a highly debatable assertion, since a half-dozen federal courts had already ruled that video games are speech. But no Louisiana legislator raised a voice in question.
Thompson's testimony took an especially dramatic turn when he explained to the committee how the PS2's vibrating controllers program gamers to kill.
"(the controller) literally gives you a pleasurable jolt and vibration back into your hands every time you kill someone," said Thompson, his voice dripping with disgust. "When you take a car and you run over innocent virtual pedestrians in the game you get a pleasurable vibration as your wheels go over their skulls..."
With the nonsense meter now dialed all the way up, Burrell waded in, criticizing a racist Flash game that was then circulating the Web. Just one problem: the game, Border Patrol, was a non-retail product over which his legislation would have absolutely no control.
Next, Burrell related the story of an Oklahoma man accused of the horrendous murder of a child. Why he chose this example also remains unclear, since the 26-year-old suspect was no kid, and the "violent" game he played, Kingdom of Loathing, is a non-retail, non-industry, online product in which stick figures – stick figures! – battle one another. Once again, his bill would have no impact on the very example he raised to support it. Burrell wrapped up his presentation with the words, "Mr. Chairman, we got a problem..."
We sure do, Mr. Chairman. The problem is that the witnesses are completely blowing smoke up your ass.
Despite the Bizarro testimony, Rep. Burrell's bill would go on to pass Louisiana's House and Senate unanimously. The governor signed the bill into law and, as expected, the video game industry immediately sued on constitutional grounds.
Surely, this was Jack Thompson's high-water mark in his longstanding crusade against video game violence. The bill he personally authored and championed had passed without a single "nay" vote. At long last he had plunged his sword of righteousness into the cold heart of the evil, child corrupting video game industry. The sound of Doug Lowenstein grinding his teeth could be heard all the way from Washington, D.C. to Baton Rouge to Miami.
And then, just when he should have been savoring his moment in the sun, Jack Thompson instead switched into political self-destruct mode. Things started unraveling in mid-July with his ill-fated attempt to file an amicus curiae or "friend of the court" brief with Federal Judge James Brady, who is presiding over the industry lawsuit. It seems that a couple of those oh-so-annoying legal requirements were forgotten, including the one that says Thompson isn't licensed to practice before Judge Brady's court and thus can't file anything there.
Oops.
Before you could say, "Law 101," Judge Brady denied Thompson's amicus brief. On the heels of this embarrassing episode, Thompson inexplicably decided to burn his bridges with the Louisiana Attorney General's Office. Since Louisiana A.G. Charles Foti and his deputy, Burton Guidry, were the guys defending Thompson's own video game law against the industry's legal challenge, this was a rather puzzling strategy, sort of like tackling your own quarterback.
While it's hard to know what went on behind the scenes, public statements from the A.G's Office were solidly behind Thompson's law. Guidry, especially, sounded like a Jack Thompson clone, telling a local newspaper that violent games "teach a kid how to kill, how to rape, how to defile a person, how to kill an officer. Video (game industry) people hide behind the fact that it's a cartoon," and pledging, "The office of the attorney general is going to defend this all the way to the (U.S) Supreme Court."
Despite Guidry's public exhortations, things took an ugly turn when Thompson accused Guidry and his boss of mishandling the case and demanded that Gov. Kathleen Babineaux Blanco assign the defense of the state's video game law to someone else.
"I regret to inform you," Thompson wrote to the Guv, "that... your Attorney General's office has utterly dropped the ball... tell your Attorney General, Mr. Foti, either to do his job or get out of the way so that others can do it for him."
In the midst of Thompson's sudden attack on the A.G.'s Office, Rep. Burrell put on a brave face, backed his man Jack, and tried to play the role of peacemaker.
"Historically," Burrell said, "we Louisianans are known ourselves to be a little testy at times, just enough to get the old blood boiling. Hopefully, the additional adrenaline and testosterone being displayed here may be just the extra 'uh' needed in the upcoming 'cockfight' over the constitutionally of this bill."
Adrenaline and testosterone and cockfights? Oh, my!
While the Louisiana situation is fascinating in much the same way that train wrecks are, it also raises many questions. For now, the A.G.'s office must soldier on, defending Thompson's law through gritted teeth. I can't imagine they're too thrilled about it, but they are professionals and will do what needs to be done. The governor's office certainly is not going to pull Foti and Guidry off the case.
Despite his conciliatory statements, Rep. Burrell has to be wondering what he's gotten himself into. While Jack Thompson is just passing through Louisiana, Burrell, Foti, Guidry and Gov. Blanco all have to work together long after this particular storm subsides.
As for the Louisiana video game law itself, the case remains under review by Judge Brady. A temporary restraining order blocks it from being enforced. Expect a ruling soon on the industry's request for a temporary injunction.
And don't think for a minute that the political fireworks are over in Louisiana.
Dennis McCauley is Editor of GamePolitics.com and writes about games for the Philadelphia Inquirer. Opinions expressed in The Political Game are his own. Reach him at dennis@GamePolitics.com.











Reader Comments (Page 1 of 1)
Not Impressed (Dmitri) @ Aug 25th 2006 1:04PM
Why doesn't he just call in FEMA. They've been known for their hard work in Louisiana...
vc @ Aug 25th 2006 1:05PM
Image from Mardi Gras jello wrastlin' match, FYI. How those LA freaks can condemn games and simultaneously play host to the biggest bacchanalian orgy in the United States... counfounds.
Nice work on this article.
phillosmaster @ Aug 25th 2006 1:11PM
I love that picture. The Prince is my hero.
bv @ Aug 25th 2006 1:19PM
vladimir is that you?? How have you been champ? By the way I'm digging this article, keep it up.
OtakuCODE @ Aug 25th 2006 1:25PM
When a member of the American government sits down to hear testimony about proposed legislation, they have only one question on their mind: Will this legislation increase my own power over the lesser citizens?
Politicians view citizens in much the same way a kid with a magnifying glass views ants on the sidewalk... our lives are insignificant, and they do not consider themselves to be a part of the same society as us. They believe they are better, and only seek to extend and expand their control over us in order to enrich their own position. This is not a necessary principle of politics as some would have you believe, it's just a common disease that eats democracy. And it's rampant today.
Les Doodis @ Aug 25th 2006 1:28PM
Reminds me of the Las Vegas officials whining about the new Rainbow Six game being based there. Because, like, Las Vegas is so pure of heart, and stuff.
Pyrocy @ Aug 25th 2006 1:29PM
Jack putting his two cents here in 3...2...1...
Catalyst @ Aug 25th 2006 1:30PM
Why didn't he talk about what this supposed undefeatable bill actually says, because it certainly cannot turn on the vibration function. I know I learned in my first year of law school that "speech" does not have to be spoken. Silly Jack Thompson.
vc @ Aug 25th 2006 1:37PM
Hey BV, 'tis I. I'm great. Fixing to have lots of fun at PAX this weekend.
Undertaker @ Aug 25th 2006 1:47PM
Hey guys. Just so you know, Judge Brady has put the bill in a preliminary Injunction, and has basicly left the bill in tatters following the ruling. For more details, Check out www.gamepolitics.com.
So then, that just leaves one question.
If this was to be your Bullet proof bill Jack thompson, explain why the industry shot it so full of holes. I mean, even someone as dense as you, after reading todays ruling, must certainly admit, the judge pretty much left your bill a smoking crater.
Sorry jack, You lose. But, for you, thats nothing new is it.
Loque @ Aug 25th 2006 1:47PM
"Thompson managed to convince himself"
Best jab in the entire thing.
Will @ Aug 25th 2006 1:58PM
One has to wonder when Mr. Thompson's credibility amongst state law-makers will run out. While there is certainly a reasonable way to make the case, Mr. Thompson has made such weak arguements, misteps, and drawn poor examples, that one would think legislators would hope to find a new champion for the cause.
Cecil475 @ Aug 25th 2006 2:01PM
"teach a kid how to kill, how to rape, how to defile a person, how to kill an officer. Video (game industry) people hide behind the fact that it's a cartoon,"
Just thinking, The words in the brackets (like this) were not said?
I'm sure Thompson will post. The only other way of harassing us has been cut off.
Anyway, Good piece Dennis. I like how the events of what went on in Louisana was retold.
- Warren Lewis
kaindragoon @ Aug 25th 2006 2:01PM
The law has been defeated. http://arstechnica.com/news.ars/post/20060825-7597.html
32_Footsteps @ Aug 25th 2006 2:43PM
Now that's a great and well-timed link.
Here's a question I've been wondering. As Judge Brady points out the studies offered by Thompson in these cases have all been rejected in the past as being unreliable and sparse. Why continue to use such specious evidence that has been rejected every time?
sal @ Aug 25th 2006 2:49PM
Because JT is just nuts. Insanity is the only viable explanation for his behavior at this point.
SheShe @ Aug 25th 2006 5:48PM
The thing that I find most disconcerting is that the information provided to the lawmakers by Jack Thompson and Rep. Burrell was inaccurate, i.e. on-line games that aren't currently under any laws. Despite that, the said lawmakers voted on the issue without any fact checking. What does that say about them? It is disheartening to think that these elected officials have that kind of power and are disinterested enough to pass a law before doing any research on the issue. For the lawmakers, it is simply about power and will it get me reelected. And certainly, Mardi Gras is as sinful as any video game out there. Where are the laws governing that?
RyanLN @ Aug 25th 2006 3:12PM
Well, it's not dead yet- but it looks as if it is on life support and the doctor is telling its family that it will most likely never regain brain function and be a contributing memory of our society. Being granted a preliminary injunction is a pretty excellent second step (after the temporary restraining order), but absolutely no one should be at all suprised or shocked that this law is failing. Precious few of your readers are probably not attorneys, but believe me when I say that drawing up legislation that is "narrowly tailored to serve a compelling governmental interest" when it comes to regulating speech (e.g. music, movie, art) is about as difficult as putting on a blindfold and catching a fly with a pair of chopsticks, Mr. Miyagi-style. For that reason and that reason alone I am not afraid of idiot crusaders such as Tipper Gore, Hilary Clinton and this dolt- but what pisses me off is that this is the modern equivalent of Nero playing the fiddle while Rome burns to the ground. I mean, come on: can't you think of at least ONE more pressing issue than video game violence that afflicts this country?
To conclude, it appears that Mr. Thompson, with his "pleasureable little jolt" didn't read the manufacturer's instructions- sir, word to the wise: you're not supposed to jam the controller up your ass. But seeing as that's probably the only way he can see it, I won't pass judgment.
RyanLN @ Aug 25th 2006 3:20PM
Your comments: Well, it's not dead yet- but it looks as if it is on life support and the doctor is telling its family that it will most likely never regain brain function and be a contributing memory of our society.
Being granted a preliminary injunction is a pretty excellent second step, and absolutely no one should be at all suprised or shocked that this law is failing.
As an attorney given a bad name by this asshat Thompson, you must believe me when I say that drawing up legislation that is "narrowly tailored to serve a compelling governmental interest" when it comes to
regulating speech (e.g. music, movie, art) is about as difficult as putting on a blindfold and catching a fly with a pair of chopsticks, Mr. Miyagi-style. For that reason and that reason alone I am not afraid of idiot crusaders such as Tipper Gore, Hilary Clinton and
this dolt- but what pisses me off is that this is the modern equivalent of Nero playing the fiddle while Rome burns to the ground. I mean, come on: can't you think of at least ONE more pressing issue than video game violence that afflicts this country? It appears that Mr. Thompson, with his "pleasureable little jolt" didn't read the manufacturer's instructions- sir, word to the wise: you're not supposed to jam the controller up your ass. But seeing as that's probably the only way you can see it, I won't pass judgment.
Jabrwock @ Aug 25th 2006 3:56PM
More burned bridges?
http://arstechnica.com/news.ars/post/20060825-7597.html
In a brief interview, Thompson told Ars that he laid the blame for the judge's decision at the feet of the Louisiana Attorney General's office, saying that they "were at best incompetent and at worst compromised." He believes a decision was made not to put up a real defense of the bill, possibly due to pressure from the ESA. "I told the state that they were going down in flames two months ago," said Thompson, "and they didn't give a flip."
---
Doesn't matter that the judge ruled that the AG's office was removed as a defendant for not being directly responsible for enforcing said law... bah technicalities eh?
xwaix @ Aug 25th 2006 3:45PM
I still want to know...
"'(the controller) literally gives you a pleasurable jolt and vibration back into your hands every time you kill someone,' said Thompson, his voice dripping with disgust."
Where the heck is he holding the controller that he considers it "pleasurable?"
Wait, never mind. I really don't think I want to know after all.
Sam @ Aug 25th 2006 4:07PM
Jack hasn't responded yet? I'm shocked-shocked!!!
Pixelantes Anonymous @ Aug 25th 2006 4:26PM
@12 Will, there're plenty of states for Jackie to thump on, and new poliwhores are born every year. There's plenty of cluefree zones between the ears of America's poliwhores for Jackie to continue thumping forever. Just watch him deliver some of his greatest performances well after his death. Mark my words on this.
And even if the US somehow realizes the extent of his douchebaggery, he can always go preach to the heathens abroad. I mean, some of them there peoples are not even Christians, for God's sake! How could they know what's right from wrong without Jackie.
Mark @ Aug 25th 2006 5:15PM
"Jack hasn't responded yet? I'm shocked-shocked!!!"
He's too busy tilting at windmills--I wonder how his lil' protest down at Take-Two headquarters went today...
Pixelantes Anonymous @ Aug 25th 2006 4:28PM
@18 "And certainly, Mardi Gras is as sinful as any video game out there. Where are the laws governing that?"
But there are laws against the sinfulness of Mardi Gras. Public indecency during Mardi Gras is a great revenue generating offense these days.
Brad Lee @ Aug 25th 2006 10:13PM
It still boggles my mind that people can dedicate their entire lives to completely insignificant issues such as this. If only men like Jack Thompson would commit their time to solving REAL problems, like poverty, corrupt politics, global warming, and so on we might actually be able to find solutions to these problems. Actually, it is not a matter of finding a solution, its more like finding the will to solve the problems. We COULD solve ALL of those problems in our country, but instead people piss away their time and effort on such trivial matters as video game ratings.
Get a life Jack Thompson. Seriously.
citizen.lambda @ Aug 26th 2006 9:57AM
I must say that this is one of the best set of comments i have seen in a blog like this in a long time/ever. Editors, start handing them stars, NOW, theyve earned it