Preliminary Injunction Granted Against Louisiana Violent Game Bill

August 25, 2006 at 4:34 pm - by Dale Dietrich

Categories: Injunctions, Violent Game Law Cases

Text of Preliminary Injunction
Text of Temporary Restraining Order
Text of ESA Complaint
Text of Violent Game Bill (HB 1381)

No surprise here yet again. Jack Thompson’s violent game bill, criminalizing sales of violent video games to minors, designed to be immune from constitutional challenge - isn’t. Here are a few choice excerpts from Federal District Court Judge James Brady’s decision:

“The State’s argument overlooks a line of cases holding that video games are protected free speech…”

“Defendants (Louisiana) contend that the legislative record contains social science evidence demonstrating that violent video games are harmful. It appears that much of the same evidence has been considered by numerous courts and in each case the connection was found to be tenuous and speculative…”

“The evidence that was submitted to the legislature in connection with the bill that became the statute is sparse and could hardly be called in any sense reliable…”

“Absent an injunction the statute will have a chilling effect on both video game developers and retailers.”.

Dale’s Comment: Owing to the ESA’s failure to certify all local district attorneys as defendants, this preliminary injunction applies only to East Baton Rouge Parish at the moment. It is expected this defect will be resolved and the injunction will shortly be extended state wide. For those keeping track: (i) similar laws in Minnesota, Michigan, Washington State, Illinois, Indianapolis and St. Louis have been ruled unconstitutional and permanently enjoined; (ii) a similar law in California has been temporarily enjoined; (iii) a similar law in Oklahoma is currently being challenged in courts and likely to receive the same fate; (iv) several other states (Florida, Delaware, Maryland, Indiana) have similar laws pending final enactment; and (v) Senators Clinton and Lieberman introduced similar federal legislation to Congress last year.