Another busy week in the world of video games and politics...

Almost lost in the hoopla surrounding presidential hopeful Mark Warner's very cool Second Life campaign stop and the ongoing Bully controversy was news from Oklahoma that the ESA and EMA are seeking to have the Sooner State's law thrown out of court.

On Wednesday video game industry attorneys filed a motion for summary judgment with Judge Robin Cauthron.

Among other claims, the 25-page document maintains that Oklahoma's video game law is unconstitutionally vague, is not narrowly tailored and lacks a rational basis. The industry also submitted to the Federal Court a copy of Judge James Brady's recent preliminary injunction order blocking Louisiana's video game law.

GP readers can grab the industry's Oklahoma brief here in PDF format.

Our first stop on today's journey through game-related editorials takes us to Oklahoma, where Oklahoma political blog Red State offers high-fives over the recent Congressional primary defeat of Republican Fred Morgan (left), author of the Sooner State's contested video game law:

"Gone is Fred Morgan, blow-dried blow-hard of negative campaigning and irrelevance whose lifetime goal of banning violent video games is unconstitutional..."


Next we turn to the halls of academia, where an op-ed in the University of Georgia's Red and Black declares "America is under attack..."

But author Blake Miller offers no terror warnings. Instead, he disses political correctness and advocates a "hands-off" view of censorship, including video games:
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Video game legislation paid off for Oklahoma Rep. Fred Morgan - not.

Morgan, the driving force behind Oklahoma's video game violence law, lost big - BIG - in yesterday's Oklahoma primaries. With his days in the Oklahoma House of Representatives coming to a close due to term limits, Morgan decided to throw his hat into the ring for a seat in Congress from Oklahoma's 5th District.

His campaign didn't do especially well at fund-raising, however, and fared even worse at the polls. Morgan came in 5th among six Republican candidates, attracting an anemic 9% of the primary vote.

Although Morgan touted his video game bill on his campaign's website, the issue and/or the candidate apparently failed to resonate with Oklahoma's Republican voters.

The state's video game law remains the subject of a lawsuit brought by the video game industry.

For all GamePolitics coverage of Oklahoma's video game law, click here.

The next game - legislating politician facing a major primary challenge is Connecticut Senator Joe Lieberman. And his campaign has major problems as well.

"It won't work."

So says the editorial board of the Muskogee Phoenix about Oklahoma's new video game statute.

As reported on GamePolitics, Gov. Brad Henry signed HB3004 into law earlier this month. The video game industry filed suit against the Oklahoma bill on Friday, just two days after the Phoenix ripped the measure, saying, "Oklahoma's new law that prevents the sale of violent video games and material to minors is an example of the state trying to micromanage morality, not violence."

"It won't work," the Phoenix continued, "and it doesn't address the problems we have with violent behavior in the United States. It's simply another law that police will have to enforce without offering additional resources to law enforcement to do the job."
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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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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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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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My wife always tells me, "GP, don't be so cynical."

Easier said than done, honey. When you're wading through the muck of the political arena day-in and day-out, it's tough to avoid looking at things with a slightly jaundiced eye. And, yes, I make her call me GP.

So why am I a cynic? Here are a couple of reasons:

In Oklahoma, Rep. Fred Morgan (R, seen at left) has succeeded in getting his video game legislation, HB3004, passed by both the House and Senate. It is now on its way to Gov. Brad Henry who seems likely to sign the bill into law.

As for Morgan, due to Oklahoma's term limits, he's currently staring at the end of his career in the State House. As part of his plan to reduce unemployment (his own), Morgan is running for Congress in his Oklahoma City district. He faces a July 25th primary. His campaign website, naturally, touts the video game bill.

And then there's Minnesota, where Rep. Jeff Johnson (R) has rammed through his own video game bill. Instead of the more traditional "Let the buyer beware" approach, let's call Johnson's measure "Let the buyer be scared," since the Assistant Majority Leader has turned the tables on typical video game legislation by making underage game consumers - not retailers - subject to civil fines for attempting to buy M-rated games like Halo 2 or The Elder Scrolls IV Oblivion.

Did we mention that Johnson is running for Attorney General of Minnesota? His campaign site trumpets Johnson's testimony on video game violence before a U.S. Senate Judiciary sub-committee hearing chaired by Sen. Sam Brownback (R-KS) in late March.

Morgan and Johnson aren't the only ones, of course. In California, Assembly Speaker pro Tem Leland Yee (D) faces a June primary in his bid for the State Senate. And of course, Sen. Hillary Clinton's 2008 presidential aspirations are well known.

Want to talk about it? You can discuss this story via the "comments" feature (click below), or in the new GamePolitics Forums...

Oklahoma T.V. station KBSI-52 is reporting that Oklahoma's video game bill, HB3004, cleared its final legislative hurdle today. The bill will now go to Gov. Brad Henry who has five days to sign the measure into law.

The bill, sponsored by Rep. Fred Morgan (R, seen at left), was passed unanimously by the Oklahoma House. HB3004 had previously been approved in both the House and Senate, but amendments made to the Senate version necessitated a trip back to the House for concurrence.

"I am so delighted the House leadership saw the importance of this bill, which is crucial for support of Oklahoma's cherished family values," said Morgan. "These games expose malleable minds to unnecessary violence and graphic sexual content. The psychological research is overwhelming for the harm these games can pose to children."

"We're not dealing with Pac Man anymore," Morgan continued. "These games allow players to take on the role of killers in some cases, allow players to steal money and kill prostitutes... manufacturers are getting even more sophisticated in the way they market these games to children. The research is clear. Exposure to these games creates an anti-social environment for our children."

HB3004 enjoys the support of the Parents Television Council (PTC).

Should Gov. Henry sign the bill into law, it will undoubtedly trigger a First Amendment challenge by the video game industry. Several weeks back GP reported that a source in Henry's office indicated the Guv is likely to approve the measure.

Want to talk about it? You can discuss this story via the "comments" feature (click below), or in the new GamePolitics Forums...

If there's one thing that GP loves, it's seeing gamers become more politically aware and active.

In recent weeks we've been publishing responses readers have received from elected officials. These have mostly been from U.S. Senators responding to e-mails generated by readers who belong to the Video Game Voters Network (VGVN).

Today we offer a more localized exchange of views. GP reader Sense7 shared a letter he wrote to Oklahoma Gov. Brad Henry (left) concerning video game legislation which appears destined to land on the Guv's desk very soon. When it does, Gov. Henry, a Democrat, will have five days to decide whether or not to sign HB3004 into law.

As previously reported by GamePolitics, the measure, proposed by State Rep. Fred Morgan (R), passed both the House and Senate unanimously. Amendments added by the Senate are being reviewed in the House, but these are not expected to interfere with the bill's progress.

Here's what Sense7 received from an aide to Gov. Henry:

"Governor Henry asked that I thank you for sharing your thoughts on HB 3004. The governor appreciates your time and your willingness to share your thoughts with him."

"Governor Henry will look closely at all legislation that comes to his desk to determine whether it is in the best interest of the state. The governor openly invites and welcomes public input in the crafting of public policy. He will certainly keep your thoughts in mind as he makes these vital decisions for our state."

Like most such responses, this one doesn't say much of anything that's meaty. But that's to be expected. The point is that elected officials definitely pay attention to letters, e-mails and phone calls on important issues. Like any other citizen, gamers shoud feel empowered to contact their representatives and voice their concerns.

You can read more about Sense7's foray into the political process on his site, 8-bit ninja.

Want to talk about it? You can discuss this story via the "comments" feature (click below), or in the new GamePolitics Forums...

In its first foray into state-level politics, the ESA-sponsored Video Game Voters Network (VGVN), issued an e-mail "Action Alert" to members at 2:11 P.M. Eastern time today.

The alert is in response to Oklahoma's pending legislation, HB3004. GamePolitics broke the news earlier this week that the Oklahoma State Senate had passed the measure unanimously. It appears to be on its way to the desk of Gov. Brad Henry for signature. Should Gov. Henry sign it, HB3004 will become law on November 1st.

The VGVN alert calls upon gamers to contact anyone they know who might live in Oklahoma to speak out against the bill. The message reads, in part:

"The effect of legislation seeking to regulate games would stifle constitutionally-protected creativity in a medium that is at the cutting-edge of innovative entertainment. This is why we need your help. Although you don't live in Oklahoma, you may know someone who does! Please spread the word about the VGVN and this legislation to anyone in your family, clan, MMORPG, forum or work who lives in Oklahoma."

This may be the first time gaming clans and MMO's have been used for political purposes. It will be interesting to see the results.

Prior to yesterday's vote, the Los Angeles-based Parents Television Council threw its support behind video game legislation in the Oklahoma State Senate. The bill, sponsored by Sen. Glen Coffee, passed unanimously (see GP story above).

In a press release issued Saturday, the PTC, which claims to have over one million members in the United States, called on the Oklahoma Senate to pass Coffee's measure.

"This bill will protect children from the graphic violence and explicit sex that is common in many video games without infringing on the rights of adults. Currently, retailers have no legal obligation to curtail the selling of graphic, harmful and violent video games to minors, the parents in Oklahoma want that to change," wrote PTC executive director Tim Winter.

"Voluntary compliance by the video game industry has been a failure..." Winter continued, "In addition, medical research offers overwhelming evidence that these ultra-violent games can cause damage to a child's brain."

The PTC press release goes on to say that the organization has "intensified its efforts to increase public awareness to the impacts of violent video games and their affects on children... chapter directors have called on... lawmakers to make the sale restrictions of violent video games to children a high priority. Violent video game legislation has passed in Michigan, Illinois and California, and is being considered in many states including Missouri, Kansas, and Minnesota as well as at the federal level in Congress."

GP: No mention in the PTC press release that the Michigan and Illinois laws were found to be unconstitutional, nor that the California statue may face a similar fate next month when a Federal District Court judge is scheduled to rule on the video game industry's challenge.

Plus, a tip of GP's hat to regular Fandel Mulkey for letting us know about this one!

"Killing police officers. Carjacking. Picking up prostitutes, stealing their money, murdering them. Being rewarded with topless strippers. This is a sample of what Oklahoma's children are bombarded with from a number of popular video games."

Thus begins a press release issued by Oklahoma State Rep. Fred Morgan (R), trumpeting unanimous House passage of HB3004, video game legislation he proposed.

"I think there are grandparents and parents that have no idea what's in these games and I think that's a shame," Morgan said. "The industry has successfully challenged every law passed by local or state government but because citizens are continuing to demand that something be done, legislatures continue to try to find reasonable and constitutional ways to restrict access to these extremely violent, sexist and graphic games. The growing body of research shows that these games are harmful to impressionable children."

According to Morgan's press release, HB3004 "expands the definition of 'harmful to minors' to include the inappropriate violence often found in some of today's most popular video games. This includes violence that is glamorized or gratuitous, endorses or glorifies torture, and does not show the consequences of violence. It also includes video games that may depict lead characters freely resorting to violence without thought to the consequences."

Under Morgan's bill, retailers who sell violent games to minors could be charged with a misdemeanor and fined up to $1,000.00. The measure will now move on to the Oklahoma Senate for consideration.

A committee of the Oklahoma House of Representatives has passed video game legislation proposed by Republican Rep. Fred Morgan. The measure will now move to the House floor for a vote.

Morgan's bill, HB3004, was approved by the Corrections and Criminal Justice Committee. As of this writing, the listing for the proposed law on the Oklahoma House website still contains language relating to child pornography rather than games.

A Morgan staffer told us that should be corrected soon. At this time, however, we have no information on the wording of the legislation.

UPDATE: TMC.net has a little more on the Oklahoma bill, including comments from Rep. Rex Duncan (R), who said, "Video games teaching youngsters to kill cops have no redeeming social value in Oklahoma. If parents don't keep this garbage from their kids, our society will continue its march toward lawlessness and disrespect for the value of life." Duncan also said decisions on what meets "community standards" outlined in the measure might be similar to the test of how a community judges pornography.

Uh-oh. More "games as porn" thinking...

As reported by GamePolitics, Oklahoma Rep. Fred Morgan (R) looked a bit silly silly last December when he praised the Safe Game Illinois Act as a model for his own state two days after a federal judge ruled the Illinois law unconstitutional.

Morgan has a video game bill of his own to worry about now. According to a Morgan staffer, HB3004 must be passed by Tuesday or it will fail. The bill is currently with the Corrections and Criminal Justice Committee of the Oklahoma House.

GP is unable to provide readers with the text of Morgan's bill at this time. The version of HB3004 currently listed on the website of the Oklahoma legislature deals with child pornography issues. We pointed this out to Morgan's staffer, but were assured that HB3004 was Morgan's video game bill.

We're unable to parse that any further at this point. It could mean that the website has the wrong info, or that Morgan will be completely changing the language of the bill to address the video game question. In any event, we will know by next Tuesday.

GP: Legislation Tracker updated to include Oklahoma bill info.

Forget New York, New York.

If you can make it in Muskogee, you can make it anywhere. And Doug Lowenstein has. Until the ESA honcho came along, country singer Merle Haggard was the most famous name associated with Muskogee, Oklahoma, pop. 38,310.

Lowenstein's Oklahoma star turn began last week when State Rep. Fred Morgan penned an op-ed in the Muskogee Phoenix. Morgan's guest editorial, titled "Video games offer tutorials in violence" advocated Oklahoma's adoption of game legislation similar to that of Illinois - three days after Illinois' was ruled unconstitutional.

Last Friday Doug waded into the fray with his own op-ed in the Phoenix. The ESA boss made some good points and Lowenstein - unlike GamePolitics - was gracious enough not to poke fun at Rep. Morgan's Illinois faux pas.

So who won the Morgan-Lowenstein duel of editorials?

Lowenstein, by a landslide, according to the editorial board of the Muskogee Phoenix. In an opinion published Saturday, the paper showed an impressive grasp on the issues involved, saying, "...Rep. Fred Morgan... referred to statements by a licensed psychologist who said game violence spills over into action... If that were completely true then schools would be havens for violence. But a national report just last month stated from 1992 to 2002, school crime rate was cut in half, and that figure mirrors a national trend outside schools - crime is down 30 percent."
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Citing the Muskogee Phoenix twice in one week? Hey, GamePolitics goes wherever the news takes us...

Today we're tracking ESA boss Doug Lowenstein's response to an Oklahoma legislator who hopes to recreate Illinois' ill-fated video game legislation in the Sooner State.

On Monday GamePolitics reported on State Rep. Fred Morgan's guest editorial in the Phoenix outlining his plan to model video game legislation on the Safe Games Illinois Act. Morgan is the chair of the Oklahoma House Judiciary Committee.

This morning, the Phoenix carried Lowenstein's retort, which reads, in part:

"Im writing to take issue with some misleading statements that were in Dec. 5 column by State Rep. Fred Morgan... Morgan fails to point out that just as there are books, movies, and magazines for a wide diversity of consumers, so there are going to be video games."

"... there are going to be games created that are not appropriate for children... it's important for parents to check the... ESRB rating and the game's content descriptors..."
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