Oklahoma law on violent video games found unconstitutional

Posted Sep 17, 2007 at 5:30PM EST by QJ Staff

Listed in: Wii, PS3, Xbox 360, PC Gaming Tags: EMA, ESA

A violent game bill that was signed into law back in June 2006 was ruled unconstitutional by the U.S. District Court in Oklahoma during Constitution Day, September 17, 2007. The law was supposed to fine US$ 1,000 for the distribution of violent video games to inappropriately aged customers, although "violent video games" had to be defined by the law.

District Court Judge Robin Cauthron ended the dispute between the plaintiffs - the Entertainment Merchants Association (EMA) and the Entertainment Software Association (ESA) - and the defendants, after finding that the arguments of the defense "completely" failed.

The judge's opinions were put into a 20-page document, hinting that should an appeal be attempted, it likely wouldn't pass. In fact, the document already stated several other similar cases that didn't pass through legal actions. Video games were, are, and will continue to be considered as an expression of free speech, says the document.

And according to Mark Methentis of Vernon Goodrich LLP, video games are protected from regulation of violence - an example of content-based restriction on free speech - under the First Amendment of the U.S. Constitution. Oklahoma can now officially include itself the list of overturned video game laws, which includes California and Washington state.

You may view the document provided by Judge Cauthron in PDF format via the Read link below.

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No really, you're kidding aren't you? The parents fail so let's do their job for them? No, I think we should find ways to punish parents for bad parenting. I'll keep complete control over what my kids watch, play, hear, and read. If I don't feel they're ready, I'll take care of it. I don't need the government thinking up ways to "protect the children" and make 1 grand each time they do. It's pretty obvious they don't, of course. It's just another way to try to pay of the deficit... but I digress.

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Oklahoma law on violent video games found unconstitutional

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