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Monday, December 3, 2007

The caretaker prime minister of Belgium, Guy Verhofstadt, reappeared on the political stage today as he accepted the royal request to suggest solutions to the ongoing federal government formation talks.

Recollecting his statement to the press on June 10, 2007, when he recognised his electoral loss and the victory of his opponent Yves Leterme, he told reporters today that he “hadn’t thought nor hoped to face you once more, but the King has asked me to inform him on a short term about possible strategies to deal with the political stalemate in which we have ended up over the last few months.”

	Our country is experiencing one of its most severe political crises of the last decades. The elections are six months behind us you see, and the country still doesn’t have a worthy government. Meanwhile, our country’s image is being damaged en socio-economic and daily problems of the people remain unsolved.

Indeed, after 177 days, the country’s political parties have still found no compromise on the roles of the French- and Dutch-language community. Two days ago, Leterme returned to King Albert II to tender his resignation as leader of the formation talks.

The incumbent PM said he would discretely contact the leaders of all democratic parties during the next few days. He said his starting point would be dual: the country needs a considerable reform of its federal status, and there are certain urgent problems that outrange the capacities of the caretaker government dealing with the ongoing affairs.

Verhofstadt called for all involved to take responsibility, in the interest of the country and its citizens.

Wednesday, August 15, 2007File:240-dogFighting.jpg

Three Finnish men have been arrested as part of an investigation by the Finnish National Bureau of Investigation (NBI) into apparent illegal dogfights in various locations in the south of the country.

Dog fights, in which two dogs are pitted head-to-head for the entertainment of spectators and for gambling, is illegal in Finland, and is covered by Finland’s animal protection laws, as dogs often sustain severe or even fatal injuries. It is believed this case also involved gambling, thus rendering the suspects, if convicted, in breach of gambling laws also.

The investigation was started in July after the British Broadcasting Corporation (BBC) forwarded information to the NBI, claiming that during an investigation of its own for a programme it was making into dog fighting in the United Kingdom, they had uncovered connections to comparable activity in Finland.

“We are trying to find out when the activity has started and how widespread it has been. Apparently, just a small gang of people has been involved.” said Detective Chief Inspector Göran Wennqvist, adding that “We are now trying to find out whether or not this is part of a larger international organisation or just local criminal activity.”

It is believed the dogs went through training fights to test if they were suitable for fighting prior to actual events. A number of animals thought to have been used for fighting have been examined by a veterinarian to determine the types of injuries sustained by the dogs.

Despite the fact that dog fighting is known to have occurred in various countries – including countries close to Finland, such as Sweden, Norway, and Russia – neither the police or the Finnish Kennel Club were aware of any previous incidents occurring in Finland, although chairman of the board of the Finnish Kennel Club Martti Mannersuo told reporters that he recalled a rumour “many years ago” of domestic dog fights occurring in Finland, although this went unconfirmed. Wennqvist, however, independently told YLE “In other Nordic countries, they have seen incidents of dog fighting since the 90’s, but I haven’t come across any cases in Finland in 32 years,” although it is unclear if this was a confirmed case or if it were linked to the rumour Mannersuo had reported.

Tuesday, January 28, 2014

Evansville, Indiana, United States — This past week marked the opening night of an Andy Warhol exhibit at the University of Southern Indiana. USI’s art gallery, like 189 other educational galleries and museums around the country, is a recipient of a major Warhol donor program, and this program is cultivating new interest in Warhol’s photographic legacy. Wikinews reporters attended the opening and spoke to donors, exhibit organizers and patrons.

The USI art gallery celebrated the Thursday opening with its display of Warhol’s Polaroids, gelatin silver prints and several colored screen prints. USI’s exhibit, which is located in Evansville, Indiana, is to run from January 23 through March 9.

The McCutchan Art Center/Pace Galleries at USI bases its exhibit around roughly 100 Polaroids selected from its collection. The Polaroids were all donated by the Andy Warhol Photographic Legacy Program, according to Kristen Wilkins, assistant professor of photography and curator of the exhibit. The Andy Warhol Foundation for the Visual Arts made two donations to USI Art Collections, in 2007 and a second recently.

Kathryn Waters, director of the gallery, expressed interest in further donations from the foundation in the future.

Since 2007 the Andy Warhol Photographic Legacy Program has seeded university art galleries throughout the United States with over 28,000 Andy Warhol photographs and other artifacts. The program takes a decentralized approach to Warhol’s photography collection and encourages university art galleries to regularly disseminate and educate audiences about Warhol’s artistic vision, especially in the area of photography.

1 University exhibits
2 Superstars
3 Warhol’s photographic legacy
4 USI exhibit
5 Sources

Wikinews provides additional video, audio and photographs so our readers may learn more.

Wilkins observed that the 2007 starting date of the donation program, which is part of the Andy Warhol Foundation for the Visual Arts, coincided with the 20th anniversary of Andy Warhol’s death in 1987. USI was not alone in receiving a donation.

K.C. Maurer, chief financial officer and treasurer at the Andy Warhol Foundation, said 500 institutions received the initial invitation and currently 190 universities have accepted one or more donations. Institutional recipients, said Mauer, are required to exhibit their donated Warhol photographs every ten years as one stipulation.

While USI is holding its exhibit, there are also Warhol Polaroid exhibits at the Tang Teaching Museum and Art Gallery at Skidmore College in Saratoga Springs, New York and an Edward Steichen and Andy Warhol exhibit at the Mary & Leigh Block Museum of Art at Northwestern University in Evanston, Illinois. All have received Polaroids from the foundation.

University exhibits can reach out and attract large audiences. For example, the Weatherspoon Art Museum at the University of North Carolina at Greensboro saw attendance levels reach 11,000 visitors when it exhibited its Warhol collection in 2010, according to curator Elaine Gustafon. That exhibit was part of a collaboration combining the collections from Duke University, located in Durham, North Carolina, and University of North Carolina at Chapel Hill, which also were recipients of donated items from the Andy Warhol Photographic Legacy Program.

Each collection donated by the Andy Warhol Photographic Legacy Program holds Polaroids of well-known celebrities. The successful UNC Greensboro exhibit included Polaroids of author Truman Capote and singer-songwriter Carly Simon.

“I think America’s obsession with celebrity culture is as strong today as it was when Warhol was living”, said Gustafon. “People are still intrigued by how stars live, dress and socialize, since it is so different from most people’s every day lives.”

Wilkins explained Warhol’s obsession with celebrities began when he first collected head shots as a kid and continued as a passion throughout his life. “He’s hanging out with the celebrities, and has kind of become the same sort of celebrity he was interested in documenting earlier in his career”, Wilkins said.

The exhibit at USI includes Polaroids of actor Dennis Hopper; musician Nick Rhodes of Duran Duran; publishers Jann Wenner of Rolling Stone Magazine and Carlo De Benedetti of Italy’s la Repubblica; disco club owner Steve Rubell of Studio 54; photographers Nat Finkelstein, Christopher Makos and Felice Quinto; and athletes Vitas Gerulaitis (tennis) and Jack Nicklaus (golf).

Wikinews observed the USI exhibit identifies and features Polaroids of fashion designer Halston, a former resident of Evansville.

University collections across the United States also include Polaroids of “unknowns” who have not yet had their fifteen minutes of fame. Cynthia Thompson, curator and director of exhibits at the University of Arkansas, Fayetteville, said, “These images serve as documentation of people in his every day life and art — one which many of us enjoy a glimpse into.”

Warhol was close to important touchstones of the 1960s, including art, music, consumer culture, fashion, and celebrity worship, which were all buzzwords and images Wikinews observed at USI’s opening exhibit.

He was also an influential figure in the pop art movement. “Pop art was about what popular American culture really thought was important”, Kathryn Waters said. “That’s why he did the Campbell Soup cans or the Marilyn pictures, these iconic products of American culture whether they be in film, video or actually products we consumed. So even back in the sixties, he was very aware of this part of our culture. Which as we all know in 2014, has only increased probably a thousand fold.”

“I think everybody knows Andy Warhol’s name, even non-art people, that’s a name they might know because he was such a personality”, Water said.

Hilary Braysmith, USI associate professor of art history, said, “I think his photography is equally influential as his graphic works, his more famous pictures of Marilyn. In terms of the evolution of photography and experimentation, like painting on them or the celebrity fascination, I think he was really ground-breaking in that regard.”

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The Polaroid format is not what made Warhol famous, however, he is in the company of other well-known photographers who used the camera, such as Ansel Adams, Chuck Close, Walker Evans, Robert Mapplethorpe, and Helmut Newton.

Wilkins said, “[Warhol] liked the way photo booths and the Polaroid’s front flash looked”. She explained how Warhol’s adoption of the Polaroid camera revealed his process. According to Wilkins, Warhol was able to reproduce the Polaroid photograph and create an enlargement of it, which he then could use to commit the image to the silk screen medium by applying paint or manipulating them further. One of the silk screens exhibited at USI this time was the Annie Oakley screen print called “Cowboys and Indians” from 1987.

Wilkins also said Warhol was both an artist and a businessperson. “As a way to commercialize his work, he would make a blue Marilyn and a pink Marilyn and a yellow Marilyn, and then you could pick your favorite color and buy that. It was a very practical salesman approach to his work. He was very prolific but very business minded about that.”

“He wanted to be rich and famous and he made lots of choices to go that way”, Wilkins said.

	It’s Warhol. He is a legend.

Kiara Perkins, a second year USI art major, admitted she was willing to skip class Thursday night to attend the opening exhibit but then circumstances allowed for her to attend the exhibit. Why did she so badly want to attend? “It’s Warhol. He is a legend.”

For Kevin Allton, a USI instructor in English, Warhol was also a legend. He said, “Andy Warhol was the center of the Zeitgeist for the 20th century and everything since. He is a post-modern diety.”

Allton said he had only seen the Silver Clouds installation before in film. The Silver Clouds installation were silver balloons blown up with helium, and those balloons filled one of the smaller rooms in the gallery. “I thought that in real life it was really kind of magical,” Allton said. “I smacked them around.”

Elements of the Zeitgeist were also playfully recreated on USI’s opening night. In her opening remarks for attendees, Waters pointed out those features to attendees, noting the touches of the Warhol Factory, or the studio where he worked, that were present around them. She pointed to the refreshment table with Campbell’s Soup served with “electric” Kool Aid and tables adorned with colorful gumball “pills”. The music in the background was from such bands as The Velvet Underground.

The big hit of the evening, Wikinews observed from the long line, was the Polaroid-room where attendees could wear a Warhol-like wig or don crazy glasses and have their own Polaroid taken. The Polaroids were ready in an instant and immediately displayed at the entry of the exhibit. Exhibit goers then became part of the very exhibit they had wanted to attend. In fact, many people Wikinews observed took out their mobiles as they left for the evening and used their own phone cameras to make one further record of the moment — a photo of a photo. Perhaps they had learned an important lesson from the Warhol exhibit that cultural events like these were ripe for use and reuse. We might even call these exit instant snap shots, the self selfie.

Children enjoy interacting with the “Silver Clouds” at the Andy Warhol exhibit. Image: Snbehnke.

Kathryn Waters opens the Andy Warhol exhibit at USI. Image: Snbehnke.

At the Andy Warhol exhibit, hosts document all the names of attendees who have a sitting at the Polaroid booth. Image: Snbehnke.

Curator Kristin Wilkins shares with attendees the story behind his famous Polaroids. Image: Snbehnke.

A table decoration at the exhibit where the “pills” were represented by bubble gum. Image: Snbehnke.

Two women pose to get their picture taken with a Polaroid camera. Their instant pics will be hung on the wall. Image: Snbehnke.

Even adults enjoyed the “Silver Clouds” installation at the Andy Warhol exhibit at USI. Image: Snbehnke.

Many people from the area enjoyed Andy Warhol’s famous works at the exhibit at USI. Image: Snbehnke.

Katie Waters talks with a couple in the Silver Clouds area. Image: Snbehnke.

Many people showed up to the new Andy Warhol exhibit, which opened at USI. Image: Snbehnke.

At the exhibit there was food and beverages inspired to look like the 1960s. Image: Snbehnke.

A woman has the giggles while getting her Polaroid taken. Image: Snbehnke.

A man poses to get his picture taken by a Polaroid camera, with a white wig and a pair of sunglasses. Image: Snbehnke.

Finished product of the Polaroid camera film of many people wanting to dress up and celebrate Andy Warhol. Image: Snbehnke.

Friday, April 8, 2005Professor Perry Bartlett of University of Queensland‘s Brain Institute recommends sex, cryptic crosswords and a good run to stave off dementia.

The researcher, interviewed on Australian ABC radio today [1], said that with 52,000 Australians expected to be diagnosed with dementia by the end of the year, people wishing to ward off the degenerative disorder may benefit from activities which stimulate growth of new cells in the brain, accompanied by mental exercise to select for survival of the resulting crop of new cells.

“Quite prolonged exercise is very good to make new neurones,” said the Professor. “These new nerve cells are really quite vital to our ability to function in the higher brain functions, such as memory and learning. Most of them die. We now know that we can preserve some of them by giving direct stimuli.”

Professor Bartlett explained recent research findings, including those from collaborator Jeffrey D. Macklis [2] at Harvard in the US.

“There are a lot of hormones and changes in blood that go up and down after exercise, and so that may be a lead to some of the chemicals that can drive the production of nerve cells.

“One of the chemicals that seems to promote neurogenesis is prolactin, and prolactin levels are very high in pregnant females. Prolactin levels, by the way, also go up during sex as well. So one could think of a number of more entertaining activities than running in order to regulate the production of nerve cells.

“Perhaps doing something a little more inquisitive or intellectual might be good at selecting their survival. So perhaps one should run a long distance and do the cryptic crossword or something like that,” he said.

Professor Bartlett gave the same suggestions as being potentially helpful in depression, last year in an interview on the ABC Science Show. [3]

Monday, May 8, 2006

The aid agency Save the Children says an alarming number of girls in Liberia, as young as eight, were having sex with UN peacekeepers, policemen, teachers and humanitarian aid workers in exchange for money, food or favours.

“People don’t really accept it but because of the financial constraints, people just have to do so. Most of them are in households headed by only the mother, catering for children. Their fathers got killed in the war, or some fathers are living but can’t afford to care for their children; they have to accept the situation, so there is no way out. ”

The report says most people cited lack of economic and livelihood opportunities, as well as chronic poverty, as underlying causes for the ongoing exploitation of children. Parents reported feeling powerless to stop children who were having sex in exchange for goods and services, as they did not have the economic means to provide for their children. In some instances, families cited that transactional sex was a means of supporting the wider family to access things such as food or money to purchase food. In other cases, children identified more personal needs such as clothing or being able to access video clubs to watch films. The widespread nature of the problem meant it affected children in a broad cross section of environments.

The study, conducted by Save the Children, was intended to explore the ways in which children in ‘Internally Displaced Person’ (IDP) camps are vulnerable to exploitation and abuse as they attempt to meet their basic and other needs. It also explored the roles and responsibilities of humanitarian agencies in providing more protective systems for the delivery of assistance. During the discussions in the field, 315 men, women and children were consulted.

The people of Liberia have experienced ongoing suffering over the past two decades as a result of war and displacement. Children have been drawn into this in many ways, such as recruitment into armed forces, separation from their families, witnessing atrocities, rape and torture. Thousands have been driven from their homes into exile in neighbouring countries or camps for IDPs within Liberia, the report says.

Liberia has been shattered by the 1989-2003 civil war which caused an estimated 250,000 deaths in a country of barely 3 million people. The war forced around 1.3 million people from their homes into camps around the capital Monrovia or abroad.

Elections late last year saw Harvard-trained former World Bank economist Ellen Johnson-Sirleaf elected as the new president. Her government faces a massive task in rebuilding an economy and society torn apart by years of bloodshed. Many Liberians have been, and continue to be, heavily reliant on humanitarian assistance as a means of survival. Those who are able to find work often still live in chronic poverty with the national average wage being only US$50 per month.

The report found that people unanimously agree that attitudes have fundamentally changed since the war.

“It is like the cultural tradition is not holding any more. People have lost the cultural values and the tradition has been broken down. ”

Most people said that children were not involved in prostitution before the war, or to a very small extent, and that this only happened in the cities but not in the villages.

A compilation of brief news reports for Monday, April 9, 2007.

1 Three-year-old New Zealander chokes to death on candy
2 Golf: Zach Johnson wins 71st Masters
3 New York couple taking taxi to Arizona
4 Vocational nurse charged with fatal Houston fire
5 Iran starts industrial-scale production of nuclear fuel

The New Zealand Police has reported that a three-year-old boy choked to death on Saturday afternoon, due to what they believe was a piece of candy at his birthday party.

The parents did call New Zealand’s emergency number, 1-1-1, after their son alerted his parents to the fact that he was choking. The paramedics were unable to revive the Napier boy when they arrived at the scene.

The case has been referred to a coroner.

Sources

Nzpa. “Three year old dies after choking on candy” — Fairfax New Zealand, April 9, 2007
“Three-year-old birthday boy chokes to death” — New Zealand Herald, April 9, 2007

Relatively unknown golfer Zach Johnson won the 71st Masters Tournament in Augusta, Georgia. Johnson shot 3-under-par 69 in Sunday’s fourth round, to win by 2 strokes over Tiger Woods, Retief Goosen, and Rory Sabbattini.

Johnson won a purse worth US$1,305,000 and a lifetime qualification to the Masters Tournament, held annually at the Augusta National Golf Club.

Sources

Press Release: Vartan Kupelian. “Johnson Proves His Mettle In Masters Victory” — The Masters Tournament, April 9, 2007
Gene Wojciechowski. “Johnson beats Tiger at his own game” — ESPN.com, April 9, 2007
“A strange week ends with a green jacket for Johnson” — CBS Sportsline, April 8, 2007

A couple living in New York City have decided to take a taxi all the way to Arizona. Betty and Bob Matas are retiring and leaving the city for good. What started as joke, has become reality, in part to spare their cats from traveling in a jetliner cargo-hold. They have negotiated a US$3,000 flat fee instead of the metered rate, which was estimated at US$5,000.

Sources

“New York couple taking cab to Arizona retirement” — CNN, April 8, 2007
“New York City Couple Hails Cab to Arizona” — Fox News, April 8, 2007

A vocational nurse working for Dr. John Capriotti, a plastic surgeon, was accused of setting the fire that wounded several and killed three people in Houston, Texas on March 28. She was allegedly trying to cover up the fact that she hadn’t completed the paperwork for an upcoming audit.

The fire began in Dr. Capriotti’s office on the fifth floor and quickly spread to the sixth. Arson investigators from the Houston Fire Department, the FBI and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives had been working to determine the source of the fire.

Sources

Anne Marie Kilday. “Bond set at $330,000 for nurse in fatal fire” — Houston Chronicle, April 8, 2007
Associated Press. “Woman afraid of losing job confesses to fatal fire” — The Dallas Morning News, April 8, 2007
Kimberly Pina. “Area fire departments evaluate high-rise strategy” — Houston Chronicle, April 6, 2007
Joe Stinebaker. “3 dead in Houston office building fire” — Lexington Herald-Leader, March 29, 2007

Iran announced that it has started industrial scale production of nuclear fuel involving hundreds of centrifuges. The announcement comes as President Mahmoud Ahmadinejad reasserts his nation’s nuclear rights in the face of two rounds of sanctions by the UN Security Council, which is seeking a halt to such work.

The United States denounced the declaration, saying it showed Iran was defying the international community.

Sources

Parisa Hafezi. “Iran announces “industrial” nuclear fuel work” — Reuters, April 9, 2007
Marc Wolfensberger and Patrick Donahue. “Iran Says Nuclear Enrichment Reaches Industrial Scale” — Bloomberg L.P., April 9, 2007
“President: Iran to generate nuclear power on schedule” — Islamic Republic News Agency, April 9, 2007

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This page is archived, and is no longer publicly editable.

Got a correction? Add the template {{editprotected}} to the talk page along with your corrections, and it will be brought to the attention of the administrators.

Please note that due to our archival policy, we will not alter or update the content of articles that are archived, but will only accept requests to make grammatical and formatting corrections.

Note that some listed sources or external links may no longer be available online due to age.

Monday, September 6, 2010

File:Samsung-galaxy-tab.jpg

At the Internationale Funkausstellung Berlin (IFA) industrial exhibition in Berlin, the South Korean corporation Samsung released its first tablet computer, called “Galaxy Tab”.

The device features the Android operating system and a seven-inch screen. Samsung’s own applications, called “Reader’s Hub” and “Media Hub,” display ebooks and videos respectively. Latest Flash, and an interface to stream to TV also are included. Wireless technologies supported include 3G networks, Wi-Fi, and Bluetooth.

The device is a competitor to Apple’s iPad. British newspaper The Daily Mail considered the appearance of the Galaxy Tab on the market as a serious event for Apple, because the device has a smaller screen, and Samsung was expecting to set a price 1.5 to 2 times lower than the iPad. Samsung were considering a ten inch screen on future models. Galaxy Tab is “the first of the company’s tablet devices”, as a spokesperson said.

Head of product portfolio Thomas Richter expressed optimism about the device’s market future : “This is not just another tablet. We call it a Smart Media device.”

Samsung’s head of mobile communications J.K. Shin was also positive about the release of Galaxy Tab, commenting that “[t]here is a new and emerging consumer demand that Samsung can satisfy since mobile is in our DNA.”

Wednesday, March 25, 2009

A New Jersey state senator has filed a lawsuit seeking to overturn a federal law banning sports betting in 46 states.

State Sen. Raymond Lesniak, a Democrat representing portions of Union County, filed the suit Monday, arguing the 17-year-old law is unconstitutional because it treats four states differently than the other states.

Under the law, sports betting is prohibited in all states except Delaware, Oregon, Montana and Nevada, although only the latter two currently allow wagering.

“This federal law deprives the State of New Jersey of over $100 million of yearly revenues, as well as depriving our casinos, racetracks and Internet operators of over $500 million in gross income,” Lesniak said in a statement to the press.

The 39-page lawsuit is believed to be the first challenge to the Professional and Amateur Sports Protection Act of 1992. New Jersey missed a 1994 deadline that would have allowed it to join the other states when the law was implemented.

Atlantic City officials and their political allies have argued allowing sports betting would give all the states a new source of revenue needed in the face of a staggering recession.

New Jersey Governor Jon Corzine was not involved with the lawsuit, but he said legalizing sports betting would help Atlantic City and said it was “worth pursuing”.

Legalizing sports betting in New Jersey could bring the state more than $50 million in annual tax revenue, according to officials from the Interactive Media Entertainment & Gaming Inc., a Washington, D.C.-based consultant for the electronic gaming industry, which joined Lesniak as a plaintiff in the lawsuit.

“This is about more than revenue,” said Joe Brennan Jr., chairman of Interactive Media Entertainment. “It’s about jobs and economic activity.”According to 1999 study, $380 billion in illegal sports betting occurs in the state each year.

New Jersey, in particular, is facing a difficult budget season, and the Atlantic City casinos are in what the Associated Press called a “financial meltdown”. Eleven of the city’s casinos suffered their biggest revenue decline in 30 years last month.

Delaware is reported to be considering regulating sports betting, which New Jersey backers of the lawsuit said adds a sense of urgency to the issue.

“We cannot afford to be naive about illegal sports betting,” New Jersey State Sen. Jeff Van Drew said in a statement to the press. “It’s happening right now, and is funding other criminal enterprises which are far more dangerous.”

The New Jersey Thoroughbred Horsemen’s Association, the Thoroughbred Breeders Association of New Jersey and the Standardbred Breeders & Owners Association of New Jersey were also listed as plaintiffs in the lawsuit.

Sunday, February 22, 2009

A U.S. Court of Appeals on Friday has declared unconstitutional California Assembly Bills 1792 & 1793, the California “ultraviolent video games law” that sought to ban the sale or rental of violent video games to minors.

Federal judge Consuelo M. Callahan has ruled that the 2005 statewide ban, which has yet to be enforced, violates minors’ rights under the US Constitution’s First and 14th amendment because even the most graphic on-screen mayhem, video game content represents free speech that cannot be censored without proper justification.

The Court has ruled that there’s no convincing evidence it causes psychological damage to young people. The 3-0 judgment has affirmed an earlier ruling by a U.S. District Court, which barred enforcement of the law on the basis that it was “unduly restrictive” and “used overly broad definitions,” and that the state failed to show that the limitations on violent video games would actually protect children.

In 2005, Leland Yee (???), a California State Senator (in District 8 which includes the western half of San Francisco and most of San Mateo County), Speaker pro Tempore of the Assembly (D-San Francisco/Daly City), introduced California Assembly Bills 1792 & 1793 which barred “ultra-violent” video games from minors under the age of eighteen in California and mandated the application of ESRB ratings for video games.

“California Assembly Bills 1792 & 1793” were commonly called the “ultraviolent video games bills” or simply “video game ban” bills. Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold. Both bills were passed by the Assembly and signed by Governor Arnold Schwarzenegger into law (AB 1179) on October 7, 2005.

Explicitly, these two bills provided that:

AB 1792 will place ultra-violent video games into the “matter” portion of the penal code, which criminalizes the sale of said material to a minor.

AB 1793 will require retailers to place M-rated games separate from other games intended for children, and will also require retailers to display signage explaining the ESRB rating system.

Yee, a former child psychologist has publicly criticized such games as Grand Theft Auto: San Andreas and Manhunt 2, and opposes the U.S. Army’s Global Gaming League.

On October 17, 2005, before the effectivity of the challenged Act, plaintiffs Video Software Dealers Association, the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry and Entertainment Software Association, a 1994 US trade association of the video game industry have filed lawsuit (D.C. No. CV-05-04188-RMW) against the defendants Governor Arnold Schwarzenegger, CA Attorney General, Edmund G. Brown, Santa Clara County District Attorney George Kennedy, City Attorney for the City of San Jose, Richard Doyle, and County Counsel for the County of Santa Clara, Ann Miller Ravel.

Plaintiffs’ counsel, Jenner & Block‘s Paul M. Smith has filed a declaratory relief to invalidate the newly-enacted California Civil Code sections 1746-1746.5 (the “Act”), on the grounds that it allegedly violated 42 U.S.C. § 1983 and the First and Fourteenth Amendments.

Plaintiffs have submitted that “the Act unconstitutionally curtailed freedom of expression on its face based on content regulation and the labeling requirement, was unconstitutionally vague, and violated equal protection. California’s restrictions could open the door for states to limit minors’ access to other material under the guise of protecting children.”

By December 2005, both bills had been struck down as unconstitutional, by Ronald M. Whyte, District Judge, Presiding in the United States District Court for the Northern District of California in San Jose, thereby preventing either from going into effect on January 1, 2006.

Judge Whyte has granted plaintiffs’ motion for a preliminary injunction in “Video Software Dealers Ass’n v. Schwarzenegger,” 401 F. Supp. 2d 1034 (N.D. Cal. 2005), and cross-motions for summary judgment, in “Video Software Dealers Ass’n v. Schwarzenegger,” No. C-05-04188, slip op. (N.D. Cal. Aug. 6, 2007).

Similar bills were subsequently filed in such states as Illinois, Oklahoma, Minnesota, Michigan and Louisiana have been ruled to be unconstitutional by federal courts on First Amendment grounds, according to Sean Bersell, a spokesman for the Entertainment Merchants Association.

The defendants, in the instant Case No. 07-16620, have timely appealed the judgment. On October 29, 2008, the appealed case was argued and submitted to the Sacramento, California‘s U.S. Court of Appeals, hence, the promulgation of the instant 30 pages decision (No. 07-16620; D.C. No. CV-05-04188-RMW) by Alex Kozinski, Chief Judge, Sidney R. Thomas and Consuelo M. Callahan (who wrote the court’s opinion), United States Court of Appeals for the Ninth Circuit Judges.

In the ban’s defense, Deputy Attorney General for the State of California, Zackery Morazzini has contended that “if governments restrict the sale of pornography to minors, it should also create a separate category for ultra-violent video games.” Edmund Gerald “Jerry” Brown, Jr., California Attorney General, has also argued that “the Court should analyze the Act’s restrictions under what has been called the ‘variable obscenity’ or ‘obscenity as to minors’ standard first mentioned in Ginsberg, 390 U.S. 629. The Court’s reasoning in Ginsberg that a state could prohibit the sale of sexually-explicit material to minors that it could not ban from distribution to adults should be extended to materials containing violence.”

The “Fallo” or dispositive portion of the judgment in question goes as follows:

We hold that the Act, as a presumptively invalid contentbased 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. Accordingly, we affirm the district court’s grant of summary judgment to Plaintiffs and its denial of the State’s cross-motion. Because we affirm the district court on these grounds, we do not reach two of Plaintiffs’ challenges to the Act: first, that the language of the Act is unconstitutionally vague, and, second, that the Act violates Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment.—”Video Software Dealers Association; Entertainment Software Association v. Arnold Schwarzenegger and George Kennedy” – No. 07-16620; D.C. No. CV-05-04188-RMW – Alex Kozinski, Chief Judge, Sidney R. Thomas and

Consuelo M. Callahan, United States Court of Appeals for the Ninth Circuit Circuit Judges.

“We need to help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder,” said the law’s author, Sen. Leland Yee, announcing he wanted Edmund Gerald “Jerry” Brown, Jr., the current Attorney General and a former governor of the State of California, to appeal the decision to the U.S. Supreme Court.

“Letting the industry police itself is like letting kids sign their own report cards and that a self regulating system simply doesn’t work. I’ve always contended that the … law the governor signed was a good one for protecting children from the harm from playing these ultra-violent video games. I’ve always felt it would end up in the Supreme Court,” Sen. Yee explained. “In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development,” he added.

According to Michael D. Gallagher, president of the Entertainment Software Association, plaintiff, the Court’s ruling has stressed that parents, with assistance from the industry, are the ones who should control what games their children play. “This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time and state resources,” Gallagher said in a statement.

	California’s violent video game law properly seeks to protect children from the harmful effects of excessively violent, interactive video games. While I am deeply disappointed in today’s ruling, we should not stop our efforts to assist parents in keeping these harmful video games out of the hands of children.

Entertainment Software Association members include Disney Interactive Studios, Electronic Arts, Microsoft Corp, THQ Inc, Sony Computer Entertainment America, and Take-Two Interactive Software, the maker of “Grand Theft Auto” games.

Judge Callahan has also reprimanded state lawyers for having failed to show any reasonable alternatives to an outright statewide ban against the ultra-violent video games. “Ratings education, retailer ratings enforcement, and control of game play by parents are the appropriate responses to concerns about video game content,” said Bo Andersen, president and chief executive of the Entertainment Merchants Association.

Andersen continues, “retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80 percent enforcement rate, and retailers will continue to work to increase enforcement rates even further; the court has correctly noted that the state cannot simply dismiss these efforts.”

California was already forced to pay $282,794 to the ESA for attorneys’ fees, money that would’ve helped with the state’s current budget difficulties. Andersen has urged California government officials not to appeal the case. “The estimated $283,000 in taxpayer money spent by the state on this case is so far an ‘ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.’ A voluntary ratings system already exists to avoid the state-sponsored nannyism of a ban,” he explained.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” said Governor Schwarzenegger spokeswoman Camille Anderson adding the governor was reviewing Friday’s decision.

Deputy Attorney General Zackery Morazzini, the state’s counsel in the appealed case, has stressed that “a law restricting sales of violent games is far more effective than industry self-policing, since the technological controls that the court cited as another alternative can be easily bypassed by any kid with an Internet connection.”

According to Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives, researches have shown that playing these violent video games are detrimental for kids mental and physical health. “The health threat involved with kids playing such games is equivalent to smoking cigarettes,” Steyer said. “These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

The Federal Trade Commission‘s data reveals that “nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults; ninety-two percent of children play video or computer games, of which about forty percent are rated M, which are the fastest growing segment of the 10 billion-dollar video game industry; the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.”

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