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.

"Open Mike" would like to shut down video game violence.

Republican Mike McGavick, running for a United States Senate seat from the State of Washington, is said to favor government regulation of media content in video games, T.V. and films.

According to the Anacortes American, McGavick "is appalled by violence on television and in video games, and is tired of waiting for Hollywood to regulate itself."

The candidate is the former CEO of Seattle-based SafeCo. McGavick's opponent is incumbent Democrat Maria Cantwell. The State of Washington is home to a large slice of the video game industry, including Microsoft, Nintendo, Valve and others.

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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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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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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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Louisiana continues to move closer to adopting video game legislation today as the State Senate considers HB1381. The bill, sponsored by Rep. Roy Burrell (D, seen at left), passed the Louisiana House unanimously on May 16th.

Controversial Miami attorney Jack Thompson drafted Burrell's bill and will testify on its behalf before the Louisiana Senate's Judiciary "A" Committee this morning at 10:00.

Meanwhile, the Senate unanimously passed its own video game bill on May 22nd. SB 340, sponsored by Sen. James David Cain (R), has been sent to the House for consideration and has been placed before that body's Committee on Administration of Criminal Justice.

Burrell's bill addresses violence in games, using a variation of the Miller obscenity standard to define which games would be "harmful to minors." Under HB1381, a judge would be required to determine whether or not a game:

1. violates "contemporary community standards" and appeals to a minor's "morbid interest" in violence

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

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

SB340 was amended prior to Senate passage earlier this month and sections related to violence removed at the urging of the video game industry. As it now stands, the bill prohibits the sale of sexually explicit game content to minors.

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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.

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After waging a string of successful First Amendment battles against video game legislation in St. Louis, Indianapolis, Washington state, Illinois and Michigan did you ever expect to see the video game industry decide to not fight a piece of game legislation?

Well, it just happened in Maryland, where HB707 was signed into law by Republican Governor Robert Ehrlich (seen at left) on May 2nd. The bill, co-sponsored by Delegates Wade Kach (R) and Justin Ross (D), had previously passed both the Maryland House and Senate by unanimous votes.

So why isn't the video game industry dragging Maryland into court?

As passed, the bill prohibits the display or exhibition of an obscene video game to a minor. Its definition of obscenity deals with depictions related to sexual activity. It's much the same as blocking a minor from buying a DVD containing an X-rated movie. There is no mention of violent game content in the bill, and no attempt to define violence as obscenity in the manner that pending legislation in Louisiana and Delaware seeks to do.

Since the video game industry - aside from the rogue Hot Coffee incident - does not market obscene material, nor is such material extended the same First Amendment protections as violent games, it opted not to oppose the Maryland law.

Nor is this the first time the industry has decided not to fight. In 2005, for example, Georgia enacted a law requiring retailers to display signs explaining video game ratings. Similar laws are in effect in California and Washington state.

Maryland's new law takes effect on October 1st. Its full text may be seen here.

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It's time to give credit where credit is due.

When Tennessee State Senator Tommy Kilby (D) introduced SB3981 earlier this year, the gaming community went a little crazy, and with good reason. Kilby's bill, you see, one-upped all previous game legislation by seeking a complete ban on violent game for players of any age, not just those under 18.

For whatever reason, Sen. Kilby has apparently seen the light. GamePolitics has learned that bill has been withdrawn from this year's legislative calendar. An aide told GP this morning that Sen. Kilby voluntarily pulled SB3981 over concerns about its constitutionality. There was no word on whether Kilby might introduce some type of video game legislation in the 2007 session, but his staffer confirmed that HB3981 is dead. A companion bill in the Tennessee House has also been withdrawn.

Although we certainly thought Kilby's bill was a very bad piece of law from the moment he introduced it, we must acknowledge that he fixed the problem himself, rather than wasting the time of the Tennessee legislature considering the bill and, potentially, the state's tax dollars in fighting a First Amendment challenge from the video game industry.

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Frankly, we're stunned.

Despite last Wednesday's embarrassing committee hearing marked by misinformation, gross distortions and frothy, purple prose about crushing skulls, 26-year-old murderers and how force feedback controllers teach one to be a cold-blooded killer, the Louisiana House passed HB 1381, Rep. Roy Burrell's video game bill, 102-0 yesterday.

102-0.

According to the Associated Press, several House members questioned whether Burrell's bill, HB1381, would survive an inevitable First Amendment challenge by the video game industry, but voted for the bill anyway.

"That's for the courts to decide," said Rep. Danny Martiny, (R), who presided over the House Criminal Justice committee which approved Burrell's bill on May 10th, thus setting it up for yesterday's floor vote in the House. "Anything's subject to challenge."
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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.

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U.S. Senator Rick Santorum (R-PA) may be an arch-conservative, but someone on his campaign staff has a piercing wit, along with a flair for exploiting modern technology.

As reported on The Hill, the Santorum campaign, fighting a tough re-election campaign against Democratic challenger Bob Casey, Jr., has created a faux online game, Where's Bob Casey?.

The game highlights the Santorum campaign's line that Casey, currently Pennsylvania's State Treasurer, is too busy campaigning and not attending to his duties. Employing the look and tech of a PC adventure, the game ushers players into Casey's empty "office," where they can search for clues.

Clicking on the telephone triggers "where are you, Bob?" parody messages from the likes of Bill Clinton, Hillary Clinton and John Kerry, liberal icons all. A frantic Howard Dean character enters the room at one point, also looking for Casey. Even the goldfish complains that he hasn't been fed in a while.

"Where's Bob Casey?" is the Santorum campaign's second such parody site. An earlier effort employed a Wild West theme to make the same point.

As expected, the Casey campaign is not happy about the parodies.

"The larger issue is that the Santorum campaign is resorting to misleading gimmicks to cover up for Santorum working for Big Oil and not Pennsylvanians and doing nothing to reduce the price of gas," said spokesman Larry Smar. "Bob Casey is treasurer 24/7. We'll focus our criticism on what Santorum does when he does show up for work."

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After clearing some parliamentary hurdles in the Oklahoma legislature, HB3004, video game legislation proposed by Rep. Fred Morgan (R) and Sen. Glen Coffee (R) will soon be on its way to Gov. Brad Henry's desk for signature. Henry, pictured at left, is a Democrat.

Both the House and Senate passed the bill unanimously. State Senator Bernest Cain (D) had filed a motion to reconsider the 47-0 vote earlier this week. However, Cain opted not to pursue this option. Technically, the Oklahoma House must approve amendments added by the Senate. The bill sponsor, however - in this case Rep. Morgan - gets to decide when that occurs. A source on the Morgan staff told GamePolitics that the State Rep. would accept the Senate amendment and expected the bill to go straight to the Governor. A member of Coffee's staff concurred with that assessment.

Once the bill arrives on his desk, Gov. Henry will have five days in which to sign it into law. In a story broken by GamePolitics earlier this week, a source in the Governor's office indicated that he most likely would sign the bill.

That, of course, would trigger the inevitable First Amendment challenge by the video game industry.

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.

Making the rounds of today's editorials, GP finds two items certain to be of interest to readers.

First stop is the Wichita Eagle, where Opinion Editor Phillip Brownlee gives kudos to Kansas' Republican Senator Sam Brownback for encouraging state legislatures to pass video game restrictions. Brownlee also questions why a bill proposed by Democratic State Rep. Jim Ward hasn't progressed. Brownlee concludes:

"In the end, of course, it's up to parents to act like parents and not let their children play inappropriate video games. And, no, playing a violent video game doesn't mean that a teen will go on a shooting rampage. But it is reasonable and responsible to expect that games rated for adults only are sold only to adults."

Next, Minnesota State Rep. Jeff Johnson, (R - pictured at left), chairman of the House Civil Law Committee, pens an op-ed for the Minneapolis-St. Paul StarTribune in support of video game legislation which he has proposed.

Johnson, who testified before Sen. Brownback's U.S. Senate subcommittee hearing on video games last month, is the sponsor of HF1298, a bill which would assess $25 fines against under-17's who attempt to buy M-rated games.

Johnson writes, "My intent is not to make criminals out of kids or to make money for the state $25 at a time. But I hope the new law will catch the attention of at least a few of the painfully oblivious parents in our state who are paying absolutely no attention to some of the garbage their little kids are playing on their video game machines."

Johnson enumerates several games that concern him, including usual suspects GTA, Postal and Manhunt. Oddly enough, he includes Clock Tower 3, a so-so 2003 survival-horror game in his list. GP doubts the game gets played much by anyone these days, much less the under-17 crowd, but Johnson must have come across it somewhere. He also mentioned Clock Tower 3 in his testimony before the Brownback subcommittee.

With so many Democrats working anti-game violence rhetoric into their "family values" platforms, you'd think that Republicans might squirm at the prospect of ceding the moral high ground. After all, some pundits claim that the current spate of video game legislation is nothing more than Democrats' attempt to steal the key married parent demographic away from Republicans.

A few weeks ago, however, the National Review Online, a popular conservative political magazine, featured an op-ed by Adam Thierer (left), a senior fellow at the Progress & Freedom Foundation (PFF) in Washington, D.C. and director of PFF's Center for Digital Media Freedom.

Thierer begins by tearing into politicians for using a few game titles such as 25 to Life and Grand Theft Auto "to indict an entire industry." He compares it to judging Hollywood based on viewing Natural Born Killers and Sin City.
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Gamasutra reports that digital-savvy legislators in Georgia have passed a bill which gives digital entertainment producers tax credits for activities such as editing, animation, coding, special effects, and sound. GamePolitics first reported on the Georgia legislation last November, noting that State Rep. Ron Stephens (left) and Governor Sonny Perdue, both Republicans, were solidly behind the tax breaks.

Production companies will even have the chance to transfer costs incurred outside Georgia's borders to facilities in Georgia, with some restrictions. To make the pot a little sweeter, bonus tax credits are available for certain counties

Greg Torre, director of the Georgia Department of Economic Development's (GDEcD) Film, Video & Music Office, was pleased with the announcement:

"We see interactive entertainment as a vital element in the entertainment industry as a whole. Since Georgia has colleges and universities dedicated to cutting-edge technology sitting alongside mainstays in the broadcast industry, this tax incentive seems an ideal way to highlight the fact that Georgia can be an incubator for new and exciting entertainment technology. All the resources are here. Now, we help publishers afford it."

Georgia is home to several digital entertainment developers, such as mobile phone game developer Blue Heat, streaming technology company GameTap, 3D game engine builder and multimedia host Kaneva, machinima production company RoosterTeeth Productions (Red vs. Blue & The Strangerhood) and online developer Studiocom.

CM: It's great to see at least some governments acknowledge that game companies are no longer two guys operating out of a garage. Perhaps when game developers generate as much tax-revenue and regional economic benefits as the movie industry (that should be happening real soon now), politicians will be a little more reluctant to use them as their electioneering punching bags...

-Reporting from Saskatchewan, GP North American Correspondent Colin "Jabrwock" McInnes

This is NOT an April Fool's gag...

Cartoon character Elmer Fudd - with a little help from Wiley Coyote - has accomplished what all of the video game industry's high-priced lawyers and lobbyists have so far been unable to do - stop a video game bill in its tracks.

Fudd, best known for ceaselessly hunting wascaly wabbits, was cited by the Bradenton Herald as the reason why Florida's SB492, sponsored by State Sen. Alex diaz de la Portilla (R), has been postponed.

It seems that some of Diaz de la Portilla's colleagues in the Florida Senate questioned whether the proposed legislation would affect games featuring cartoon violence and mayhem common in classic children's cartoons. Fudd and Wiley Coyote were specifically mentioned.

So it's back to the drawing board for Diaz de la Portilla as he hunts for legal language which would assure children could be spared the carnage of M-rated games while still being permitted to try and blow the Roadrunner to smithereens.

GP: All we can say is, "Meep-meep..."