HF1298
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Minnesota's game law ruled unconstitutional
U.S. District Judge James M. Rosenbaum exercised his judicial muscle today, striking down Minnesota bill HF1298, a bill that sought to impose a $25 fine on minors who purchase M- or AO-rated games. Like a gamer to an automatic weapon a moth to a flame, the ESA filed a lawsuit shortly thereafter.The sagacious sponsor of the bill, Minnesota state representative Jeff Johnson, correctly predicted Judge Rosenbaum's ruling in May when he said, "... we are using the ESRB ratings. I can see a court saying you can't use private industry to create the law, but there's no way around that because everything else anyone has tried has been unsuccessful. The other piece is that so far no court has found a strong enough link (between game violence and youth violence)."So they tried to circumvent the constitutional problems by relying on ESRB ratings to determine inappropriate content, to which Rosenbaum returned, "The First Amendment ... was certainly established to keep the government from becoming the arbiter of what constitutes 'worthless' or 'disgusting' speech." Zing! Johnson also acknowledged the shaky scientific grounds his law was predicated on, to which the ruling said "the state has shown no convincing evidence that children are harmed by [video games]."For those keeping score at home, let's review: St. Louis unconstitutional Indianapolis unconstitutional Washington State unconstitutional Illinois unconstitutional Michigan unconstitutional Maryland (doesn't really count, so we'll let 'em have it) California (currently under review by Federal District Court Judge Ronald Whyte) Louisiana (lawsuit has been filed) Oklahoma (lawsuit has been filed) ... and now ... Minnesota unconstitutional Your move, opportunist politicians of all stripes. [Thanks, Nick]
Minnesota targets minors in new gaming law; ESA to file suit
Minnesota governor Tim Pawlenty signed into law yesterday bill SF0785, which targets minors attempting to purchase M and AO-rated games. Such persons under the age of 17 (and thus, likely their parents) will be required by law to pay a fine "civil penalty of not more than $25." ESA president Doug Lowenstein has expressed his intentions to file a lawsuit to have the law struck down, citing how "six courts in five years ... have struck down similar laws, ruling that they were unconstitutional."We doubt the law, which theoretically could see 12-year olds receiving fines, will survive the lawsuit. According to Lowenstein, "to enact 'feel good' bills knowing they're likely to be tossed by the courts is the very height of cynicism." What both sides need to remember, however, is that they share one common principle: that children should not be playing ultra-violent games like Grand Theft Auto.Call us cynical, but frivolous legislation (and the subsequent lawsuits that strike them down) will be around for a very long time, until lawmakers have another target or ideal they can use to exemplify their "pro-family" platform. Books, dancing, film, rock and roll, television ... video games is just the latest in a long line of entertainment decried as moral decadence.
Minnesota fines minors $25 for M-rated games
Despite constitutional setbacks regarding similar bills across the country (most recently in Michigan), Minnesota state representative Jeff Johnson seeks to limit the sale of violent video games to minors with a new approach: fine the underage consumers of M or AO-rated games and not the retailers. Bill HF1298 also requires that retailers display signs explaining (the evidently not self-explanatory) ratings system that prominently marks (mars?) the packaging of every game sold in this country. While the bill has passed the Minnesota House, it still requires the signature of Governor Tim Pawlenty before it becomes law ... and before the gaming industry mounts its challenge. Speaking with GamePolitics, Johnson was cognizant of the constitutional issues saying, "...we are using the ESRB ratings. I can see a court saying you can't use private industry to create the law, but there's no way around that because everything else anyone has tried has been unsuccessful. The other piece is that so far no court has found a strong enough link (between game violence and youth violence)."I would urge Representative Johnson so consider why that is. It's not for lack of trying.
