One of Ours

In May 2003, Washington state passed a law that prevented sale of video games to minors that portrayed "realistic or photographic-like depictions of aggressive conflict" against law enforcement officers. Retailers would have been subject to a $500 fine per violation of the law. The ban never went into effect after Judge Robert Lasnik ruled the law was likely unconstitutional and issued an injunction against its use. Now, a year after that injunction was handed down, Lasnik has ruled the law is a violation of free speech. The judge called the law too narrow because it banned violence against police officers and not violence against others. He also called the law too broad because the law guidelines were unclear on what would trigger a ban. Would Yosemite Sam be considered a law enforcement officer?

"Would a game built around 'The Simpsons' or the 'Looney Tunes' characters be 'realistic' enough to trigger the act?" he wrote. "The real problem is that (a store) clerk might know everything there is to know about the game and yet not be able to determine whether it can legally be sold to a minor." Lasnik also noted that violence against tyrannical or oppressive police officers would likely fall under the ban.

To obey the law, he said, store clerks would tend to be overly cautious in selling games to minors and game makers would tend to be overly cautious in designing them - resulting in a chilling effect on free speech.

The state had argued that the law was important in helping curb violence among youths, including that against law enforcement officers.