Is it back to the drawing board for Jack Thompson?
Based on a breaking news report in the Shreveport Times, a Federal judge today seemed quite critical of Louisiana's new law which seeks to declare video game violence as harmful to minors. Thompson, the Miami attorney and anti-game activist, authored the Louisiana bill while assisting its sponsor, Rep. Roy Burrell.
Judge James Brady extended the temporary restraining order he issued on June 16th while he rules on today's request by the video game industry for an injunction.
According to the Times, Assistant Attorney General Burton Guidry and East Baton Rouge Parish District Attorney Doug Moreau argued that Louisiana already bans sales of alcohol, tobacco and pornography as items deemed harmful to minors.
"That's not speech," Judge Brady said from the bench. Although he did allow that the violence in some games is "horrible, but it's protected... Where is violence not protected (in the First Amendment)?"
"This is more than speech," said Assistant A.G. Guidry, sounding almost as if he had been prepped by Jack Thompson. "This is truly training for violence. You assume the character of a mass murderer. You go out and kill people as violently as you can because you score more points... (video game publishers) cloak themselves in free speech but under that cloak is murder, simulated murder."
Attorney Paul Smith (seen at left), representing the ESA and EMA, argued, "There is no violence exception in the First Amendment. It doesn't even come close to justifying censorship. You can't censor speech because it's going to lead people to do bad things... Video games are played every day by millions of people (who) don't go out and commit crimes," Smith said.
According to the newspaper report, Judge Brady will rule next week on whether or not to grant a preliminary injunction. Significantly, the Judge said that he saw no difference between the Louisiana video game law and a half-dozen others that already stuck down around the country.
It's impossible to know how the judge will rule, of course, but today's comments from the bench do not bode well for Louisiana's violent video game law.
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