Washington Kills Violent Video Game Law

On July 16, Federal District Judge Robert Lasnik of the Western
District of Washington delivered a First Amendment victory. On summary judgment, he held that Washington's law banning video games depicting violence against uniformed law enforcement officials was unconstitutional on free speech grounds. The Video Software Dealers Association led the fight against the case, with CBLDF, ABFFE, AAP, Feminists for Free Expression, Freedom to Read Foundation, International Periodical Distributors Association, National Association of Recording Merchandisers, PMA, and RIAA coming on as amici.

Lasnik's decision is a solid win for the First Amendment. Among the key points
Lasnik made are that 1) Video games are free speech; 2) violence is not legally obscene; 3) Washington's assertion that violence is harmful to minors is based upon obscenity case law, therefore, violence in this case cannot be held legally harmful to minors; 4) the law fails strict scrutiny; and 5) the law is vague.

On January 30,2004 the Fund joined an amicus brief that was filed in Washington State in support of the plaintiffs in this case challenging a statute that forbids the rental or sale to anyone under age 17 of computer and video games containing depictions of violence against law enforcement officers.

Full analysis of the decision and the original PDF can be found at: Corante.com