Game Politics ([info]gamepolitics) wrote,
@ 2006-04-25 07:28:00
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Entry tags:brad henry, democrats, games-as-porn, legislation, oklahoma, republicans

Oklahoma Senate Passes Game Bill Unanimously... Will Guv Sign?

Legislators in Oklahoma are apparently in consensus when it comes to video game violence. A bill proposed by State Senator Glen Coffee (R, seen at left) passed 47-0 yesterday. The measure's next stop is the desk of Governor Brad Henry, a Democrat.

HB3004 is the same bill which, as reported by GamePolitics, passed the Oklahoma House, also unanimously, in March.

State Rep. Fred Morgan (R) is the original author of the bill, which takes the "games as porn" approach, amending an existing Oklahoma statute defining those things deemed "harmful to minors." HB3004 would add what it terms "inappropriate violence," to the banned-for-minors list, applying "contemporary community standards" to any such judgment.

Games-as-porn is a recently-developed legislative tactic which is popping up in state assemblies with increasing frequency (Utah, Delaware, Louisiana) as legislators seek to navigate a path that avoids the well-publicized First Amendment failures such bills have experienced recently in Illinois and Michigan.

If Gov. Henry signs the bill, HB3004 will become law on November 1st.

UPDATE: We spoke with Gov. Henry's office this morning and learned that an amendment added by the Oklahoma Senate will cause HB3004 to go back to the House for approval before it is delivered to the Governor for consideration. Once the measure arrives on his desk, Gov. Henry will have five days to sign the bill.

UPDATE 2: A well-placed source told GP that, while the Guv's legislative staff would need to review whatever final version is passed by the legislature, he would most likely be inclined to sign the bill into law. That, of course, would trigger the video game industry's next First Amendment battle.




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Wal-Mart Issues Law Degrees Now?
[info]gamepolitics
2006-04-25 05:57 pm UTC (link)
The sexual material harmful to minors part (the porn part), simply brings video games into the definition of sexual material harmful to minors, by virtue of sexual content, that all other products distributed to minors in Oklahoma must adhere to.

Ummm.... this is games-as-porn, no? But let's look at the bill:

It redefines the OK statute on what is deemed "harmful" to minors (and thus censorable for minors) as follows:

2. "Harmful to minors" means:

a. (sex stuff)

b. any description, exhibition, presentation or representation, in whatever form, of inappropriate violence.

3. "Inappropriate violence" means any description or representation, in an interactive video game or computer software, of violence which, taken as a whole, has the following characteristics:

a. the average person eighteen (18) years of age or older applying contemporary community standards would find that the interactive video game or computer software is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and

b. the interactive video game or computer software lacks serious literary, scientific, medical, artistic, or political value for minors...

The bold-faced items are classicly used to determine obscenity.

Stop dissembling, please.

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Re: Wal-Mart Issues Law Degrees Now?
[info]skemodan
2006-04-25 06:23 pm UTC (link)
Does it really say that?




Really?



Surely you jest.




Really? All that ambiguity? What are contemporary community standards? And how, pray-tell, is something deemed "patently offensive to prevailing standards in the adult community..."? I'm very confused because last time I checked, a house full of slobering idiots over the age of 18 is well divided on an enormous number of issues on a daily basis. This same group of defective humans is responsible for passing petty and trite laws such as this one.


Someone stop the planet...Dan wants off.

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Re: Wal-Mart Issues Law Degrees Now?
[info]bluegus
2006-04-26 12:29 am UTC (link)
To answer your questions -- yes, the language is quite vague. It's also lifted directly from U.S. Supreme Court decisions regarding porn. The U.S. Supreme Court has done an abysmal job defining porn. This is the language they've used. The OK legislature has simply lifted it in the hopes of passing constitutional muster.

Problem is that this won't work. They're trying to fit a square peg in a round hole. Games aren't porn. Nothing is porn but porn. You can't try to apply porn constitutionality standards simply by trying to make a correlation between what you're trying to control and porn. It just doesn't work.

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ouch :)
[info]jabrwock
2006-04-25 06:28 pm UTC (link)
Stop dissembling, please.

He can't help it, the laws are to complicated... :P

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Re: Wal-Mart Issues Law Degrees Now?
[info]ianc14
2006-04-25 07:38 pm UTC (link)
Heh, its amazing how he ignores GPs replies aint it

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Re: Wal-Mart Issues Law Degrees Now?
[info]jbourrie
2006-04-25 08:46 pm UTC (link)
Doesn't amaze me at all. He'll flame the people who just respond with "teh you suxorz", but anybody with anything at all intelligent to counteract his raving bullshit are too much for him. Plus, if he calls Dennis a "monkey-doody head" Dennis will just show him undeniable proof that there is no monkey-doody on his head, and JT will have to create another account.

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Re: Wal-Mart Issues Law Degrees Now?
[info]boffo97
2006-04-25 10:05 pm UTC (link)
=====
Stop dissembling, please.
=====

No dissemble, Stephanie!

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