A number of primary elections were held around the country yesterday. Results in New York and Washington, D.C. have the potential to impact the video game industry in the future.

In New York, a pair of high-profile Democrats who are intent upon legislating video games secured their party's nominations and advanced to the general election in November.

U.S. Senator Hillary Clinton (seen voting, at left), in a bid for re-election to the Senate, grabbed 80% of the vote to defeat challenger Jonathan Tasini. The former First Lady and likely 2008 presidential contender will square off against Republican candidate John Spencer in November.

Sen. Clinton, of course, is the sponsor of the Family Entertainment Protection Act (FEPA), video game legislation currently before the Senate.
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Utah Congressman Jim Matheson (D, seen at left), is the sponsor of the Video Games Ratings Enforcement Act, currently pending in the House. Matheson has corresponded (okay, a form letter, but still...) with Jay Barnson of Rampant Games.

Unhappy with elected official's response, Jay blogged extensively about his exchange with Rep. Matheson. It's especially noteworthy, coming as it does, from the perspective of a small-studio game developer. Here are some highlights:

"Yesterday I received a snail-mail letter from Congressman Jim Matheson, who represents my state of Utah... For the most part, it reiterates the same rhetoric being bandied about in defense of the laws that are being enacted (and, so far, universally shot down as being Unconstitutional)... It contains some major inaccuracies and rather offensive comparisons..."
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Maybe Iraq wasn't the only reason Sen. Joe Lieberman went down in flames during Tuesday's Democratic Primary in Connecticut, losing to political neophyte Ned Lamont (left).

While Lieberman's support of the George Bush's failed Iraq policy was the most compelling reason why Connecticut voters turned on the three-term incumbent, perhaps there were some underlying reasons as well - such as a lack of responsiveness.

As noted by GamePolitics in June, San Jose Mercury-News columnist Mike Antonucci expressed deep frustration with both Lieberman and Sen. Hillary Clinton (D-NY).

Neither senator responded to Nooch's repeated requests for comment on their video game politicking. Clinton and Lieberman, of course, are co-sponsors of the Family Entertainment Protection Act (FEPA), along with Sen. Evan Bayh (D-IN).

Blogging yesterday, Antonucci remarked that he had reached out to Lamont following Tuesday's Connecticut primary, seeking the would-be senator's position on First Amendment issues and how they relate to video games and other forms of media.
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$510,528.64

No, that's not GamePolitics' daily take from readers clicking on those little Amazon ads. The figure actually represents the amount the State of Illinois must reimburse the video game industry for legal fees incurred fighting Gov. Rod Blagojevich's failed video game law, ruled unconstitutional by a Federal District Court judge last December.

"Judge Kennelly's rulings send two irrefutable messages," said ESA boss Doug Lowenstein. "Not only are efforts to ban the sale of violent video games clearly unconstitutional, they are a waste of taxpayer dollars. The sad fact is that the State of Illinois knew this law was unconstitutional from the beginning. Taxpayers have a right to know that over half a million of their dollars and countless government hours were thrown away in this fruitless effort."

An Illinois legislator agreed.

"I am very disappointed that the state of Illinois has to pay these fees for what was such a clearly unconstitutional law from the start," said State Senator John Cullerton, like Gov. Blagojevich, a Democrat. "When I spoke against the law in Springfield, I predicted we would have to pay legal fees. The amount ordered paid to the plaintiffs... doesn't even count the substantial fees the state will have to pay its own lawyers."

By the way, don't get the idea that Sen. Cullerton is simply abandoning a sinking ship. As GamePolitics reported in May of 2005, Cullerton was always opposed to the video games bill, saying, ""This isn't about a law. This is about polling and press conferences."

Sen. Joe Lieberman has joked in the past that ESA boss Doug Lowenstein owes him his job. The Connecticut Democrat is at least partially right. Lieberman's legislative efforts to stop the marketing of violent video games to children in the mid-1990's were a major part of the impetus which led the industry to form the trade group known today as the ESA.

This morning, however, Lieberman could use some job help of his own.

The three-term incumbent lost Tuesday's Connecticut primary to challenger Ned Lamont. Although he was trailing by double-digits in early returns, Lieberman closed the gap as the night went on, finishing with 48% of the vote to Lamont's 52%.

Ultimately, it was Lieberman's position on the Iraq war that cost him the support of Connecticut voters, who came to see the moderate Democrat as a puppet of the Bush Administration's failed Iraq policy.
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According to an un-sourced story in Kotaku, New York Sen. Hillary Clinton (D) is mulling a tax on video games.

If that's true, Sen. Clinton is in noteworthy - if not especially good - company. Advocating a game tax would align her with the likes of failed Texas gubernatorial candidate Star Locke as the only politicians in recent memory to advocate a special tariff on our favorite pastime.

As the Kotaku story tells it, the tax would go to some type of child advocacy program. Although we'd rather see some kind of attribution, Kotaku editor Brian Crecente got it right last year regarding ESA president Doug Lowenstein's secret Hillary fund-raising breakfast, so methinks his Hillary contacts have history on their side.

Meanwhile, Philadelphia Daily News columnist/blogger Will Bunch takes Hillary to task in a piece entitled Never Mind the Potholes, Hillary Continues Down the Lieberman Road.
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Yet another candidate for political office has jumped on the video game violence issue.

Phil Kellam, a Democrat running for Congress in Virgina, is currently airing a television ad which discusses the candidate's promise to stop the sale of violent video games to children.

Although GP has not yet seen the ad, its script is available on Kellam's campaign website, and reads, in part:

"A father of two, Phil Kellam knows that in today's world raising and protecting our children is more difficult than ever. That's why in Congress, Phil Kellam will stand with parents; to stop the sale of violent video games to children, and block children's access to websites with violent or sexual content."

A GP shout-out to forum user Skraith for the heads-up on this one...

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A Pennsylvania congressman who said that Grand Theft Auto was more likely to be a bad influence on ghetto children than their suburban counterparts feels he has been mistreated by Jon Stewart and The Daily Show.

As reported by GamePolitics, Rep. Joe Pitts (R-PA) was roasted by Stewart on the June 22nd episode of The Daily Show.

An article in today's Chester Daily Local reports that Pitts contends his remarks at the June 14th hearing of the House Subcomittee on Commerce, Trade and Consumer Protection were mis-portrayed by Stewart.
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The flames of controversy surrounding Sony's European PSP White ad campaign just got a bit hotter.

GamePolitics has learned that the San Jose/Silicon Valley NAACP Chapter has voiced a protest over the racially-charged ads, one of which depicts a blonde woman dressed in white squeezing the face of a black woman dressed in dark clothing with the caption, "PlayStation Portable White is Coming."

"The days of blacks being portrayed in minstrel shows are long gone, and with good reason," said Rick Callender, chapter president. "The minstrel show was an awful chapter in history and this ad smacks of that age and time. It is even further unacceptable that some corporations still think it is okay to use racially charged media images. The latest Sony ad conjures up bad memories of when stereotypical and offensive images of people of color were accepted means of selling a product. Sony should immediately apologize and discontinue these archaic, advertising tactics."

Callender's remarks were contained in a press release issued late yesterday by California Assembly Speaker pro Tem Leland Yee (D), author of California's contested video game violence law. Yee also expressed concern over the PSP White ads, saying, "I am deeply disappointed in Sony's senseless decision to publish this racially-charged advertisement. I can't begin to determine Sony's motivation but I believe this marketing strategy is unnecessary and is clearly offensive to many in our community."

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By way of Water Cooler Games comes word of Boot the Bigot, a small, Whack-a-Mole type game that encourages voters to send U.S. Senator Rick Santorum (R-PA) packing in November.

Boot the Bigot, which represents the latest use game tech to deliver a political message, is offered by the Human Rights Campaign, a Washington, D.C.-based non-profit which works on behalf of gay people. The game's tag line is, "Get Pennsylvania Senator Rick Santorum out of office... out of Washington... and out of your bedroom in 2006."

The arch-conservative Santorum particularly angered gays with remarks made to the Associated Press in 2003. During the AP interview, Santorum disavowed gay rights and seemed to equate homosexuality with pedophilia and bestiality.

The Human Rights Campaign website explains Boot the Bigot by saying, "Rick Santorum is the U.S.Senator who's done more to spread bigotry toward GLBT Americans than anyone. He's part of an atmosphere of hate and fear that has dominated politics for too long."
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Mike Antonucci aka "Nooch" is a longtime journalist for the San Jose Mercury-News. Along with colleague Dean Takahashi, author of The Xbox 360 Uncloaked, Mike is also one-half of the paper's Dean & Nooch gaming blog.

Writing earlier this week in the blog, Antonucci complained that his requests for comment on video game issues were pointedly ignored by the offices of U.S. Senators Hillary Clinton (D-NY) and Joe Lieberman (D-CT). Both are high-profile critics of games as well as co-sponsors of the Family Entertainment Protection Act, video game legislation currently before the Senate.

Nooch's frustration with being blown off is written in the style of a rant, but he makes his point rather well:

"Earlier this month, I made repeated phone calls to the press reps for Senators Joe Lieberman and Hillary Rodham Clinton, seeking comment on various video-game issues that have gotten them on their high horse..."
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Shocked, but not surprised.

That is how Louisiana Rep. Roy Burrell (D), sponsor of his state's contested video game law described his reaction to the video game industry's suit to have HB1381 overturned on constitutional grounds.

In an interview with the Shreveport Times, Burrell said, "I knew it would happen, but this being my first time, it shocked me. I'm all for free speech, but not at the detriment of children," Burrell said.

"If I'm wrong, I apologize, but I don't see it that way. When it relates to protecting these kids, I don't apologize."

Reacting to a line in the lawsuit which reads, "Like great literature, these games often involve themes such as good versus evil, triumph over adversity, struggle against corrupt powers, and quest for adventure," Burrell said, "The kind of literature I've seen in some of these games is not 'great.' It may be great for somebody but it's not great for children. It's great for profits and great for controlling the minds of kids, but literary value? None... You're the one who's killing the cops. You're the one who's beating the woman. Pavlov's Law kicks in, giving you a reward for this behavior."

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This just in...

According to an ESRB press release, the video game ratings organization will announce a new "Commitment to Parents" initiative tomorrow in Washington, D.C.

Although details are sparse, the press release describes the program as an "unprecedented commitment on the part of leading video game retailers to enhance compliance with store policies regarding the sale of Mature-rated video games and educate customers about ESRB video game ratings..."

Joining video game industry officials for the announcement will be Senators Rick Santorum (R-PA, seen at left), George Allen (R-VA), and Mark Pryor (D-AR). The ultra-conservative Santorum is currently locked in a desperate re-election struggle against Democratic challenger Bob Casey, Jr. Virginia conservative Allen is often mentioned as a 2008 presidential hopeful.

On hand from the industry side will be ESRB President Patricia Vance, ESA boss Doug Lowenstein, and EMA honcho Bo Andersen, as well as representatives from major video game retailers Wal-Mart, GameStop, Blockbuster and Circuit City.

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So far, we've only come up with one game-related editorial for today's round-up. This one comes to us from the Norman Transcript in Oklahoma.

As GamePolitics readers know, Gov. Brad Henry (D, seen at left) recently signed video game violence legislation into law in Oklahoma. The new statute is scheduled to take effect in November. The video game industry, however, has already stated its intention to file suit against the law on First Amendment grounds.

Here's what the Norman Transcript had to say in support of the new law:

"The simulated violence on some video games goes beyond shock value. It transcends even the most violent of movies... Oklahoma children will have to find an adult to buy ultra-violent games for them, thanks to legislation signed by Gov. Brad Henry this week... Retailers who peddle the material need to know what is and what is not permissible. We've heard from a few who say they risk their business' future every time a youngster buys such a game..."
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As of today, there is a violent video game law in effect in Louisiana.

GamePolitics has confirmed with her staff that Governor Kathleen Babineaux Blanco (D, seen at left) signed HB1381 into law last night. Under terms of the legislation, it takes effect immediately. The bill, sponsored by Rep. Roy Burrell (D) and drafted by controversial Miami attorney and anti-game activist Jack Thompson, defines violent video games as "harmful to minors" in much the same way as pornography.

Using language from the well-known Miller test of obscenity, the new law prohibits sales or rentals to minors of games which a judge has determined meet these conditions:

"The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence."

"The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors."

"The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."

The video game industry is expected to appeal on First Amendment grounds. GamePolitics is seeking comment from the ESA at this time.

Attorney Thompson circulated an e-mail on the new law this morning, calling the signing of the bill "personally gratifying" and alleging a harassment campaign against him on the part of the videogame industry.
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The issue of video game violence is once again under scrutiny on Capitol Hill.

Today at 2:00 P.M. the Subcommittee on Commerce, Trade, and Consumer Protection will convene a hearing on "Violent and Explicit Video Games: Informing Parents and Protecting Children."

The proceedings will be chaired by Rep. Cliff Stearns (R-FL, seen at left).

"In response to controversy over violent or sexual situations in video games, the industry established a self-regulatory organization to apply ratings and provide advertising guidelines," Stearns said in a statement on his website.

"Yet in one instance, the game 'Grand Theft Auto: San Andreas' had hidden content with scenes of explicit sex. In addition, the Federal Trade Commission found that video games labeled 'Mature' routinely were marketed to children under 17. Our goal is to ensure that parents have information on the content of their children's games and that these children are protected from inappropriate content and marketing."
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Last Friday, GamePolitics was first with the news that Oklahoma Gov. Brad Henry (D) had signed his state's video game legislation into law.

The new statute is scheduled to take effect on November 1st and classifies violent video games as "harmful to minors," just like, say, hardcore pornography. Thanks to an unusual amendment in the Oklahoma Senate, the measure also includes unrelated language regarding signage around strip clubs and adult book stores.

As expected, ESA president Doug Lowenstein has issued a statement which signals the video game industry's intent to wage First Amendment war against Oklahoma's new law. Here is Doug's statement, in part:

"The ESA is deeply disappointed by the actions of the Oklahoma Legislature. We believe HB 3400 will restrict the First Amendment rights of Oklahoma's citizens, and intend to file suit in Oklahoma federal district court shortly, asking that the state's new video game law be overturned..."
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NOTE: This story was originally broken by GamePolitics last night. Because of its importance and because we now have additional information, we are bumping it into today's coverage.

The website of Oklahoma Governor Brad Henry (D, seen at left) indicates that the Governor has signed into law HB3004, video game legislation proposed by Rep. Fred Morgan (R). Henry had until today to take action on the bill, and aides had indicated to GamePolitics that he was likely to approve the measure.

The Oklahoman has a brief mention on the new law. Gov. Henry's short, official press release can be seen here.

In his statement, the Governor said, "The violence in videogames has grown to epic proportions. Some video games glorify violence to a degree seldom seen in even the bloodiest movies. While parents have the ultimate responsibility for what their children do and see, this legislation is another tool to ensure that our young people are not saturated in violence. This gives parents the power to more closely regulate which games their children play."

The new statute, scheduled to take effect on November 1st, would include violent video games among items defined as "harmful to minors." (and therefore unlawful to sell or rent to minors). Oddly enough, the measure also includes unrelated language added by the Oklahoma Senate regarding signage around strip clubs and porn shops.

Rep. Fred Morgan, the bill's sponsor, is running for Congress and faces a July primary.
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One would-be video game regulator moved ahead in yesterday's California primary, while another fell by the wayside.

Leland Yee (D, seen at left), architect of California's video game sales law, grabbed 65% of the vote in yesterday's State Senate contest. His closest opponent, Mike Nevin, received only 29%. Running in a heavily-Democratic district, Yee is virtually assured a seat in the California State Senate come November's election.

Meanwhile, Los Angeles City Attorney Rocky Delgadillo was hammered by former Governor and one-time presidential candidate Jerry Brown in the Democratic primary for California Attorney General. Delgadillo, who made headlines earlier this year when he filed deceptive marketing charges against Take-Two and Rockstar over the Hot Coffee scandal, received only 21% of the Democratic vote to Brown's overwhelming 78%.

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The Louisiana Senate has just passed HB1381, violent video game legislation proposed by Rep. Roy. Burrell (D, seen at left). The Louisiana House had previously passed the bill 102-0. The measure will now go to Gov. Kathleen Blanco (D).

Assuming Gov. Blanco signs the bill, which seems likely given its overwhelming support in the legislature, it will take effect immediately and the video game industry's inevitable First Amendment challenge will ensue.

Speaking about the bill, ESA president Doug Lowenstein said earlier today, "We oppose HB 1381, which would add video games containing violent content to the State's 'Harmful to Minors' statute, and is no different from other laws already stricken by the courts."

HB1381 was drafted for Rep. Burrell by controversial attorney and anti-game activist Jack Thompson.

Sen. Craig Romero (R) presented the bill in the Senate of behalf of Rep. Burrell. Sen. Rob Marrioneaux attempted to amend the bill by adding language contained in another bill, SB340, which had already passed the Senate. It was unclear why Marrioneaux took this course. On one hand he seemed to be concerned about Louisiana being forced to wage a costly First Amendment battle over Burrell's bill. The ESA actively supports SB340, which only addresses explicit sexual content in games, not violence. But, oddly enough, he wanted to leave Burrell's anti-violence language in the bill as well. Whatever Marrioneaux was thinking, his amendment failed by a 20-14 vote.

If you'd like to hear today's Louisiana Senate debate and vote on the bill, GP has a 16mb MP3 file available here.

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