from the legislation-terminated dept.
NewYorkCountryLawyer writes "The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that 'the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the 'variable obscenity' standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State's expressed interests. Additionally, we hold that the Act's labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State's controversial opinion.'"
from the disbar-is-such-a-harsh-word dept.
spielermacher writes "GamePolitics is reporting that Jack Thompson — the lawyer every gamer loves to hate — has apparently lost his court case and is facing disbarment. The Referee in the case has gone beyond the Florida Bar's request for a 10-year disbarment and is recommending a lifetime ban. From the Final Report issued by the court: '... the Respondent has demonstrated a pattern of conduct to strike out harshly, extensively, repeatedly and willfully to simply try to bring as much difficulty, distraction and anguish to those he considers in opposition to his causes. He does not proceed within the guidelines of appropriate professional behavior ...' All I can say is that it's about time."
from the please-let-this-be-the-end dept.
Erik J writes "Apparently Jack had heard enough.
The Florida Bar asked for an 'enhanced disbarment' in the disciplinary hearing of Jack Thompson, held earlier this afternoon. The recommendation means Thompson would be disbarred and prohibited from applying to practice law again for ten years, according to 11th Judicial Circuit of Florida spokesperson Eunice Sigler.
Thompson's disciplinary hearing apparently ended in the attorney walking out of the courtroom after saying the judge did not have the authority to hear his case."