Entertainment Software Association v. Foti
Encyclopedia
Entertainment Software Association v. Foti is a lawsuit
filed on June 16, 2006 claiming that a Louisiana
law should be declared unconstitutional. The recently passed Louisiana law was a way for the state to censor video games
by making it illegal to supply minors with video games considered violent, similar to laws making pornographic material unavailable to minors, but using violence as the criteria instead of sexual content. The lawsuit claims that the law infringed on the video game industry's constitutional right to freedom of expression.
The suit was successful in getting the law overturned in late 2006, and the plaintiffs were awarded attorney's fees in early 2007.
s in the case, the Entertainment Software Association
(ESA) and the Entertainment Merchants Association
(EMA), claimed that Louisiana criminal law RS 14:91.14 is unconstitutional on First
and Fourteenth Amendment
grounds. The defendants were Attorney General
of Louisiana, Charles C. Foti, Jr.
, and Doug Moreau, US District Attorney
of the Parish
of East Baton Rouge. Louisiana Governor Kathleen Blanco
had signed HB1381 just the day before as Act 441 of the 2006 Louisiana Regular Session. The law made it illegal for someone in Louisiana to sell, lease or rent a violent video game (as defined in the Act) to someone under 18 years of age.
The suit pointed out that in other states, similar laws had already been declared unconstitutional, and thus impossible to enforce. Furthermore, according to the suit, the law would have chilling results with video games being less likely to be accessible by adults (as well as by minors, as was the initial intent of the law).
on August 24, 2006.
On July 17, 2006, Florida attorney and activist, Jack Thompson
, who helped Louisiana Representative Roy Burrell author HB1381, filed an amicus curiae
brief which Judge Brady denied on July 19, 2006.
The law was permanently enjoined on November 29, 2006, and the court entered final judgment on December 5, 2006.
In his April 10, 2007 ruling, Judge Brady stated that he was dumbfounded that the law even passed and was signed into law, given that similar laws were struck down in other states and those same states were forced to pay the legal fees of the plaintiffs. Judge Brady ordered the state to pay $92,000 in legal fees to the plaintiffs, ESA and EMA.
Representative Roy Burrell stated that he may pursue such legislation again in the future.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed on June 16, 2006 claiming that a Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
law should be declared unconstitutional. The recently passed Louisiana law was a way for the state to censor video games
Video game controversy
Violent video game debates often center on topics such as video game graphic violence, sex and sexism, violent and gory scenes, partial or full nudity, portrayal of criminal behavior, racism, and other provocative and objectionable material. Video games have been studied for links to addiction and...
by making it illegal to supply minors with video games considered violent, similar to laws making pornographic material unavailable to minors, but using violence as the criteria instead of sexual content. The lawsuit claims that the law infringed on the video game industry's constitutional right to freedom of expression.
The suit was successful in getting the law overturned in late 2006, and the plaintiffs were awarded attorney's fees in early 2007.
The lawsuit and complaint
The plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s in the case, the Entertainment Software Association
Entertainment Software Association
The Entertainment Software Association is the trade association of the video game industry in the United States. It was formed in April 1994 as the Interactive Digital Software Association and renamed on July 16, 2003...
(ESA) and the Entertainment Merchants Association
Entertainment merchants association
The Entertainment Merchants Association is the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry....
(EMA), claimed that Louisiana criminal law RS 14:91.14 is unconstitutional on First
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
grounds. The defendants were Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of Louisiana, Charles C. Foti, Jr.
Charles Foti
Charles Carmen Foti, Jr. , is a former Democratic Attorney General of the U.S. state of Louisiana, United States. He served as his state's chief legal officer for a single term from 2004 to 2008....
, and Doug Moreau, US District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
of the Parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
of East Baton Rouge. Louisiana Governor Kathleen Blanco
Kathleen Blanco
Kathleen Babineaux Blanco was the 54th Governor of Louisiana, having served from January 2004 until January 2008. She was the first woman to be elected to the office of governor of Louisiana....
had signed HB1381 just the day before as Act 441 of the 2006 Louisiana Regular Session. The law made it illegal for someone in Louisiana to sell, lease or rent a violent video game (as defined in the Act) to someone under 18 years of age.
The suit pointed out that in other states, similar laws had already been declared unconstitutional, and thus impossible to enforce. Furthermore, according to the suit, the law would have chilling results with video games being less likely to be accessible by adults (as well as by minors, as was the initial intent of the law).
Results and outcomes from the suit
Louisiana Middle District Judge James J. Brady issued a preliminary injunctionPreliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
on August 24, 2006.
On July 17, 2006, Florida attorney and activist, Jack Thompson
Jack Thompson (attorney)
John Bruce "Jack" Thompson is an American activist and disbarred attorney, based in Coral Gables, Florida. Thompson is known for his role as an anti-video-game activist, particularly against violence and sex in video games....
, who helped Louisiana Representative Roy Burrell author HB1381, filed an amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
brief which Judge Brady denied on July 19, 2006.
The law was permanently enjoined on November 29, 2006, and the court entered final judgment on December 5, 2006.
In his April 10, 2007 ruling, Judge Brady stated that he was dumbfounded that the law even passed and was signed into law, given that similar laws were struck down in other states and those same states were forced to pay the legal fees of the plaintiffs. Judge Brady ordered the state to pay $92,000 in legal fees to the plaintiffs, ESA and EMA.
Representative Roy Burrell stated that he may pursue such legislation again in the future.
External links
- HB1381 - 2006 Regular Session (Act 441) at the Louisiana's Assembly website
- SB340 - 2006 Regular Session (Act 529) at the Louisiana's Assembly website
- coverage of HB1381 on GamePolitics.comGamePolitics.comGamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...