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 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.

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.”

A compilation of brief news reports for Saturday, August 8, 2009.

Monday, January 1, 2007

More bombs went off just after midnight (0500 GMT) on New Year’s Day in Bangkok, injuring eight people near a shopping mall where hours before a New Year’s Eve countdown was cancelled due to a string of six bombings earlier in the evening.

The first bomb exploded at a seafood restaurant on the Saen Saeb Canal near Pratunam Pier just seconds after midnight.

Three foreigners and two Thais were injured. One of the foreigners had her legs amputated by the blast, according to television and local newspaper reports. The foreign tourists were having dinner at the restaurant.

Police said the bomb was hidden in a tire at the pier.

A second bomb exploded in a telephone booth near a pedestrian bridge at CentralWorld, where thousands of people had gathered earlier in the evening for a countdown party and had been urged by authorities to leave the area and go home. Several foreigners were injured and rushed to hospitals.

Another bomb was found and disposed of without incident at Suan Lum Night Bazaar, another late-night venue for tourists.

A possible bomb was investigated at Buddy Bar, a popular music venue on Khaosan Road. It turned out to be a false report. Police had earlier closed the venue and other bars on the street frequented by backpackers, urging people to return to their hotels and guesthouses.

Earlier in the evening, bombs had gone off at six locations across the city, from about 6:00 p.m. to 7:30 p.m. Twenty-five people were injured and three later died at hospitals from their injuries. The biggest toll was at Victory Monument, where 17 people were injured, two of them dying from their injuries. Other targets were a police booth at Saphan Kwai intersection, where two people were injured, and a market in Khlong Toei, where three people were injured, one fatally. At Seacon Square shopping mall, a bomb was found in a trash can inside the mall and taken to the parking lot, where it exploded without injuring anyone. Police booths on Sukhumvit Soi 62 and in suburban Nonthaburi were also hit, but there were no injuries.

After the bombings, Bangkok Governor Apirak Kosayothin had ordered the cancellation of the countdown celebrations at Central World and Sanam Luang and other smaller ones.

“Due to several bomb explosions in Bangkok and for the sake of peace and security, I would ask all of you to return to your homes now,” Apirak told a crowd of around 5,000 people at CentralWorld. Most of the crowd dispersed quickly and calmly.

Army Commander-in-Chief General Sonthi Boonyaratglin ordered soldiers deployed around the capital. Security was intensified on the Metro and Skytrain rail systems. The Skytrain cancelled plans to run all night and closed at midnight as usual. Department stores closed early.

Prime Minister Surayud Chulanont visited victims at a local hospital. He appeared on television looking tense, telling reporters he didn’t know who was responsible for the attacks.

Surayud was appointed premier after a coup d’état on September 19 in which the military led by Sonthi ousted prime minister Thaksin Shinawatra.

The Nation newspaper quoted a “security source” as saying “the old power clique” was behind the bombing.

However, there is also the ongoing violence by Muslim separatists in the South Thailand insurgency, which has left 1,900 people dead since 2004.

Monday, May 7, 2018

On Saturday, United Launch Alliance launched a Atlas V 401 rocket carrying NASA’s InSight Mars lander and two Mars Cube One (MarCO) miniature spacecraft known as cubesats. The pre-dawn launch from Vandenberg Air Force Base Space Launch Complex 3E in Lompoc, California was declared a success. This was the very first deep space launch from the west coast of the United States, and aimed to send a lander to the surface of the planet Mars to study its interior.

Launched alongside InSight were two MarCO cubesats, the first to be sent beyond Earth, nicknamed ‘WALL-E’ and ‘Eve’ after the protagonists of the 2008 animated science fiction film WALL-E. They were designed as a dual telecommunications relay for InSight during the spacecraft’s descent through the Martian atmosphere.

Traditionally, NASA launched interplanetary spacecraft at Cape Canaveral Air Force Station in Florida on the United States’ east coast. There, rockets were sent eastward over the Atlantic Ocean, borrowing the Earth’s rotational velocity to shoot their payloads out into the solar system. Due to congestion on the launch calendar at Canaveral, NASA chose to launch the spacecraft from from Vandenberg Air Force Base on the country’s west coast instead. A launch eastward from Vandenberg would have been dangerous due to densely populated areas being located downrange. Instead, rockets launched from Vandenberg were sent in a south-southeast trajectory. For Insight and MarCO, the spacecraft was placed in a temporary polar orbit after the launch, with the pair being shot towards Mars during a escape burn performed over the North Pole.

Despite a heavy fog settling in at the rocket’s launch pad in Lompoc, the United Launch Alliance declared a “100% chance of favorable weather for liftoff”. Spectators in Lompoc were treated to a mostly obscured view of the launch, though they were witness nonetheless to the sound and shock waves of the Atlas V’s Common Core first stage as it lifted the spacecraft off the ground on-schedule at 4:05 PDT (1105 UTC). People along the coast of southern California and northern Baja California, however, were in clear view of the Atlas V’s main engine burn and the first burn of the rocket’s Centaur upper stage. People in Orange County, California were treated to the sight of InSight and the Centaur almost eclipsing the planet Jupiter in the night sky.

The recently-inaugurated Administrator of NASA, Jim Bridenstine, congratulated the InSight team in an address televised live on NASA TV after the launch, along with the United Launch Alliance on what was their 128th successful launch in a row. The InSight mission part of NASA’s Discovery program, a class of low-cost solar system exploration missions. It was selected to launch in the program after beating the Comet Hopper and Titan Mare Explorer proposals amongst responses to a 2010 request.

Both InSight and the MarCO cubesats are en route to Mars. InSight carries eight scientific instruments, including a seismometer known as Seismic Experiment for Interior Structure (SEIS). The SEIS instrument will be recording the very first seismic measurements of Mars, which scientists hope will shed light on the structure of Mars beneath its surface. The lander was equipped with two cameras, based on the architecture of the Mars Exploration Rover’s navigation camera and hazard avoidance camera, to allow mission scientists to monitor the activity of the instruments. NASA scheduled a November 26 landing for InSight on a broad plain in the planet’s northern hemisphere, known as Elysium Planitia.

Sunday, April 3, 2011

The US Food and Drug Administration (FDA) has issued proposed calorie labeling rules requiring most retail food vendors to display the calorie counts in items on their menus and menu boards. The proposed rules, issued Friday and expected to be finalized in 2012, would apply to most restaurants, snack bars, vending machines, coffee shops, drive-through restaurants, and convenience and grocery stores.

The US Congress required the rules in the health-care reform law passed in 2010. The rules proposed by the FDA must undergo a public comment period before they are finalized and take effect, said Michael R. Taylor, Deputy Director for Foods at the FDA.

The proposed regulations pertain to businesses devoting more than 50 percent of their floor space to the sale of food or that consider themselves restaurants, specifically food-selling chains with at least 20 stores nationally. Included are candy stores, bakeries, and ice-cream parlors.

The FDA’s proposed guidelines specify that chains post the calorie counts of foods and drinks on menus and menu boards or next to the food item, such as at a salad bar. The menu is to prominently exhibit the calorie content of each item in a way customers can see easily, giving them the same information packaged foods prepared at home currently provide. The information must be displayed in “clear and conspicuous” print and colors.

Many cities and states have passed laws requiring calorie labeling on menus, beginning with New York City in 2008. California implemented a similar law in January, although many counties are waiting for the release of the federal guidelines before they begin enforcement. Some fast-food chains there, such as McDonald’s and Starbucks, are displaying calorie counts on menus in some of their stores.

The rules are intended to curb the national obesity epidemic since, according to FDA estimates, one third of the calories people consume yearly come from food eaten out. In a statement issued yesterday, Kathleen Sebelius, Secretary of Health and Human Services said, “Giving consumers clear nutritional information makes it easier for them to choose healthier options that can help fight obesity and make us all healthier.”

Excluded from the rules are businesses whose primary product is not food sales but that sell it, such as bowling alleys, airports and airplanes, amusement parks, hotels and movie theaters. Alcohol is also excluded.

Sunday, September 2, 2012

London, England — Yesterday at London’s Basketball Arena, the Canada women’s national wheelchair basketball team earned their first victory of the London Paralympics when they defeated the Australia women’s national wheelchair basketball team 57–50.

Canada took a one point lead into the second half, when the scores were 33–32 because of a last minute foul that sent Canada to the free throw line where they capitalized by making one of their shots. 4.5 point player Janet McLachlan and 2 point player Katie Harnock dominated in minutes played for Canada during the first half, playing all 20 minutes and leading their team in scoring with 11 first half points for McLachlan and 12 for Harnock. The Canadian team was loudly supported by spectators, earning more cheering from the largely Great Britain supporting fans than the Australians.

The second half saw Canada slowly increase their lead, keeping tied with Australia 4–4 in the first half of third, 6–4 in the last half of the third, 6–4 in the first half of the fourth, and 8–6 in the last half of the fourth. McLachlan finished the game as Canada’s leading scorer with 28 total, 17 in the second half. Harnock had a quieter second half only scoring 2 points to finish with 14. Cindy Ouellett was the team’s third leading scorer, finishing the game with ten.

The Canadian team supported their team from the bench, chanting “Get it out! Get it out!” when on defense and “Let’s go Canada” when on the offense. Other times, one player led the team in chanting support for their players on the court. The team was consistently louder than the Australian bench.

Throughout the game, the Canadians tipped themselves over more in their chairs than the Australians. Ouellett tipped once, and bounced in her chair, with a wheel leaving the ground as she attempted to block shots and steal the ball. Ouellett and Australian Cobi Crispin locked wheels, and required a break in the game where Australia’s coach came on to the court and removed Ouellett’s wheel to detach the pair before putting it back on again.

Following the game, Australia’s Amber Merritt said of playing Canada, “I have the utmost respect for Canada. They’re a great team, but we’ll refocus on the game tomorrow [against the Netherlands] and go out and play like we know we can, the Australian way.”

Prior to the start of the game, McLachlan was the team’s dominating player in the competition. She was ranked eighth in the competition in field goal percentage, and was Canada’a highest ranked player in this category. She ranked second in the tournament in total field goals made per game, with 12. Teammate Katie Harnock ranked eighth. Tara Feser ranked fourth in the tournament for 2 point field goal percentage at 57.1%, while McLachlan ranked ninth with 50.0%. McLachlan was second in 2 point field goals made per game, at 12. Harnock was tied for first with Mexico’s Floralia Estrada Bernal in the competition for 3 point field goal percentage at 20%, and was ranked second in the tournament for most 3 point field goals made with one.

As a team coming into the game, Canada was ranked sixth in total field goal percentage, eighth in free throw percentage, sixth in average rebounds per game, second in fouls, and last in turnovers.

Coming into this game, Canada had lost their first game 70–59 to the Netherlands. They are scheduled to play Brazil today.

Aviation articles by Wikinewsie Iain Macdonald.

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