If you listen closely to the debate over video game violence, you'll hear some misinformation bandied about on both sides of the issue.

One troubling theme we've heard lately involves an incorrect interpretation of a game violence study issued in August, 2005 by the American Psychological Association. The bad information that GP has been hearing lately runs along the lines of:

"The American Psychological Association last year found a direct causal link between violent video games and teen violence."

That's not correct. It's wrong.

In the public policy debate over video game content, it shouldn't be related as fact to legislators. Nor should it be fed to an already game-wary public.

For clarification, GamePolitics went to the source - the American Psychological Association itself.
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Louisiana newspapers are providing additional coverage to the stinging judicial rebuke which a federal judge administered to the state's controversial video game law on Thursday evening.

An AP report out of Baton Rouge quotes Louisiana Gov. Kathleen Babineaux Blanco (pictured) on the judicial reversal:

"I'm calling on all parents to diligently monitor the video games that their children are allowed to play. If the courts can not protect our children, then we need to do it by rejecting the merchant of violence," she said.

The Advocate spoke with a disappointed Rep. Roy Burrell (D), sponsor of the bill.

"If you can train a military-type person using these video games, you can do it to kids," Burrell told the newspaper. He added that courts aren't yet ready to accept that premise.

GP: Maybe the court would pay more attention if Burrell provided some, you know, evidence, rather than the nonsense he put forth during the legislative debate on the bill. Just a thought. Judge Brady took note of this as well when he wrote in Thursday's ruling:

"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. Much of the 'evidece' presented consisted of newspaper articles on the evils of video games..."
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In the wake of E3's untimely demise, perhaps game journalists will have someplace to go next May, after all.

A press release received by GamePolitics from the Consumer Electronics Association indicates that CEA, which operates the annual International Consumer Electronics Show (CES), has already begun to "solicit gaming industry feedback and explore the viability of a West Coast event in late spring 2007 focused on the gaming and entertainment marketplace."

CES is not without history in gaming circles. Until E3 was created in 1994, CES was the largest gaming show in the United States. CEA notes with pride that the Xbox and PlayStation consoles were "launched or previewed" at CES.
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Last week, GP was first with the news that Congressman Cliff Stearns (R-FL) had proposed HR 5912, the so-called "Truth in Video Game Rating Act."

Gamasutra and other sites are now reporting that ESA boss Doug Lowenstein has responded by way of an official statement.

"We share Chairman Stearns' commitment to the continued effectiveness and accuracy of the ESRB's ratings system," Lowenstein said. "However, as introduced, we do not believe his legislation will serve consumers and parents."
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State Rep. Roy Burrell (D) is standing by his man.

The sponsor of Louisiana's contested video game law refused to be drawn into the nasty fight Jack Thompson picked in recent days with Attorney General Charles Foti (D) and his deputy, Burton Guidry (see yesterday's GP coverage for details).
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If you were Larry Probst, CEO of Electronic Arts, the news about E3's shift to a more "intimate" format might well have been delivered to your palatial estate by a very proper English butler carrying a silver tray bearing a personal note from Doug Lowenstein.

But then again, Probst didn't need to be told. In fact, it's a good bet that he dictated the change to Lowenstein. From news reports, it's pretty clear that EA wanted E3 dead - the glitzy, panoramic E3 we had come to know and love, anyway.
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In the wake of the video game industry's resounding legal victory in Minnesota, industry lawyers are seeking to file a copy of Judge James Rosenbaum's decision with the Federal District Court considering Louisiana's video game law.

On Tuesday, attorneys representing the ESA and EMA filed a motion with Judge James Brady, hoping to introduce the Minnesota decision into the record.

As of yet, Judge Brady has not ruled on the video game industry's request.

Cabbies, booth babes and hoteliers are just some of the many Los Angelinos who will be feeling the economic fallout from E3's sudden demise.

As reported in today's Los Angeles Times, E3 brought $19 million into the local economy. The ESA's decision to kill off the extravaganza caught L.A. officials by surprise.

"It's not good news," said Michael Collins, of the Los Angeles Convention and Visitors Bureau. "There is no question that we are going to feel the loss of 36,000 room nights, certainly in '07 and '08."

From GP's new obituary section:

Electronic Entertainment Expo, suddenly, July 31st; survived by father, Doug Lowenstein; beloved brother of Mario, Sonic and Master Chief; private burial; in lieu of flowers, send suggestions for best ways game journalists can survive May, 2007...

Hard to believe, but Next Generation, is reporting that E3 is dead:

"...all major exhibitors have effectively pulled their support from the show, prompting the majority of game publishers to also cancel plans for high-cost booths..."

"The decision by big manufacturers and publishers to walk away has left ESA in damage-control mode... E3, in its present form, is dead... The ESA will make an announcement later today that will attempt to add some gloss to this catastrophe... Whatever is announced today will be no more than a fig-leaf. The days of an industry event attended by all the major publishers, spending big money, are gone."

GameSpot is reporting in a similar vein, although with somewhat less of a doomsday flavor than Next Generation's coverage:

"GameSpot... learned that the show would radically shrink in size and... will take place at a location that would support exhibitors in meeting room space only, with... attendees numbering in the hundreds rather than thousands."

It's a shock to the system to imagine the month of May without an E3. In the next few days we'll be trying to assess the implications for the ESA as an entity.

Even though he is currently embroiled in a First Amendment battle with the video game industry, Minnesota's Attorney General Mike Hatch - unlike some other high profile critics we could mention - is a big enough man to admit that games are speech. Just one problem, though - he finds them to be a "worthless, disgusting" variety of speech.

Hatch filed a memorandum earlier this week with the Federal District Court in Minneapolis, There, the video game industry is seeking to have Minnesota's "fine the buyer" law overturned on constitutional grounds. In his memorandum, Attorney General Hatch is unsparing in expressing his revulsion toward violent video games. Hatch's wording is so over-the-top, in fact, that you can almost hear him retching in the background. Check out this purple prose:

"In balancing the applicable interests in this case, the court should err on the side of protecting minors rather than protecting their limited right of access to such low value speech..."

"...the Court here must ultimately balance the State's compelling interests in protecting the psychological well-being and ethical and moral development of minors against the limited First Amendment right of minors to access speech of very low societal value..."

"...there may be few, if any, other forms of speech, even though protected, that are of any lesser societal value than repulsive video games depicting the bloody slaughter of babies and animals, urination and defecation, rape, decapitation, dismemberment and disembowlment."

"...the Court should consider and weigh the societal value of the worthless, disgusting speech at issue..."

After reading Hatch's memorandum I feel so... unclean. I also confess that, even though I have written about games for more than a decade and played them for longer, I am at a loss to understand some of his points. Slaughter of babies and animals? Defecation? Rape? When? Where?

Download Attorney General Hatch's memorandum here.

Should controversial attorney Jack Thompson be permitted to file a "friend of the court" brief in ESA vs. Foti, the First Amendment battle over Louisiana's recently-enacted video game law?

Lawyers for the video game industry say no. The matter is currently before a Federal District Court judge in Baton Rouge. Legislation upon which the contested law is based was drafted by Thompson earlier this year on behalf of Louisiana Rep. Roy Burrell (D).

As revealed last week on GamePolitics, the anti-game attorney requested permission from Judge James Brady to file an Amicus Curiae, or "friend of the court" brief in the case.

Lawyers representing the game industry, however, have filed a motion to block Thompson's request, citing technical grounds. Among the objections claimed by industry lawyers:

-Thompson has no license to practice before Judge Brady's court, either on a permanent or temporary basis

-Thompson's amicus motion claims that he is filing "on behalf of law enforcement personnel and also on behalf of education groups." However, no such individuals or groups are specified nor is there any indication that any such entities have retained Thompson as counsel in ESA vs. Foti.

-Thompson signs his brief as "Attorney, Defendant & co-counsel." Video game industry lawyers argue that he is not a named defendant in the case. Nor has he been retained by any of the actual defendants as counsel. Actual defendants named in the suit are Louisiana Attorney General Charles Foti and East Baton Rouge District Attorney Doug Moreau.

It is unknown when Judge Brady might rule on the Amicus issue. The parties are also awaiting the Judge's ruling on the industry's request for a temporary injunction.

For all of GP's coverage of Louisiana's video game legislation, click here.

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Today marks an important court date for the video game industry, the state of Louisiana and for Miami attorney and anti-game activist Jack Thompson.

Attorneys representing the ESA (game publishers) and EMA (game retailers and renters) will face off against the Louisiana Attorney General's office in Federal District Court in Baton Rouge. At the hearing, the game industry will seek a preliminary injunction to block the state's new video game law from taking effect.

GamePolitics readers will recall that Louisiana Rep. Roy Burrell's violent video game bill was largely drafted by game industry nemesis Thompson. Gov. Kathleen Babineux Blanco signed the legislation into law earlier this month, and the new statute was scheduled to take effect immediately. However, in response to the video game industry's lawsuit, Federal District Court Judge James Brady issued a temporary restraining order pending today's hearing.
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Congress just can't seem to tear itself away from video games these days. Even during a meeting ostensibly held to question movie ratings, the political talk turned back to games.

As reported by newsletter The Hill, a meeting earlier this week to discuss film ratings brought together many of the same members of Congress who flayed the video game industry - and especially the ESRB - a few weeks back.

According to The Hill, House Majority Whip Roy Blunt (R-MO) led a group of colleagues in criticism of the Motion Picture Association of America (MPAA) and its film-rating system at a meeting with MPAA officials in Blunt's Capitol Hill office.

The Congressional attention was sparked by the PG ("Parental Guidance - some material may not be suitable for children") rating assigned to the Christian-themed film Facing the Giants, which some religious conservative critics say received a PG instead of a G ("General Audiences - all ages admitted") because it "proselytizes Christianity." The elected officials expressed concern that the MPAA's rating standards are out of touch with the public view.

"It comes from where you set your worldview. Hollywood has one; Nashville, Tennessee has another one" said Rep. Marsha Blackburn (R-TN).
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Gamers know him best for the popular Ratchet & Clank series, but Insomniac Games President Ted Price is clearly a developer with strong feelings about video game legislation.

His passion for the subject shines through in a brief entered on Price's behalf with Judge James J. Brady and the United States District Court for the Middle District of Louisiana. GamePolitics has obtained a copy of the brief which was filed in support of Entertainment Software Association v. Foti, the video game industry's suit to overturn Louisiana's new game violence law on constitutional grounds.

As previously reported by GamePolitics, Judge Brady issued a temporary restraining order blocking the implementation of the law. The parties are due back in court on Friday to argue the industry's motion for an injunction.

In the 21-page document Price outlines his video game design experience as well as his work with the Academy of Interactive Arts & Sciences (AIAS), arguing that games are as much a means of expression as books, movies and music.

Price also details several game examples provided to the court by the video game industry for consideration of their relevance to the violence issue. The games are:

-Medal of Honor Frontline
-Resident Evil 4
-Jade Empire
-God of War
-Full Spectrum Warrior
-Tom Clancy's Rainbow Six 3

Price's criticisms of the language describing violence in the Louisiana law are revealing. For example, the Insomniac CEO writes, "...'violence' is an incredibly broad term... Does the 'violence' referenced in the Act include... a boxing game, a football game, a World War II game, a game featuring contact between cartoon characters... game creators (are) given the impossible task of guessing the intent of the Act's creators."
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The other shoe has dropped in Oklahoma.

As expected, the EMA (retailers) and ESA (publishers) jointly announced yesterday that the video game industry has filed suit in Oklahoma to challenge the state's new video game law on constitutional grounds.

"Legislators have sold parents a bill of goods for political expediency," said ESA President Doug Lowenstein in a press release. "They know the bill will be struck down, they know it's based on bad science, and they know it won't help parents do their jobs. What they won't tell voters: we just picked your pocket to the tune of a half million dollars, the amount the state will have to reimburse the ESA after the inevitable decision is made to strike down the law."
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Video games and a party - hey, sounds like a mini-E3!

In this case, however, the gamers at the party were also politicians.

Through a knowledgeable source, GamePolitics has learned that the ESA held a lobbying event for California legislators on Monday. ESA President Doug Lowenstein and the organization's General Counsel Gail Markels were among those who met with elected officials in Sacramento.

Following the meetings the ESA hosted a bash for state legislators, their staffs and families at a ballroom in downtown Sacramento. GP hears that about 150 people attended, enjoying refreshments and playing the E-rated likes of Dance Dance Revolution and a ping pong game (Rockstar's Table Tennis?) on monitors set up around the room.

We're not 100% sure it was Rockstar's game. It could have been a really early build of Nintendo's Wii Ping Pong, but we doubt it. Perhaps this was a way to show the assembled pols that Rockstar is capable of creating more than just GTA mayhem.
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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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