Video Game Law Ruled Unconstitutional

[Gypsyfly PMS]

Victory In Minnesota (http://www.videogamevoters.org/prmn/?lk=5790076-5790076-0-22685-LMa8-AAVTMrxsFMlRllU0oNnQuQwzsBd)

I just got this email from the Video Game Voters network:

The District Court of Minnesota ruled yesterday that the "Minnesota Video Games Act," is unconstitutional. The act had been recently signed into law by Governor Tim Pawlenty and set a fine of $25 to individuals under the age of 17 who purchased games rated M or AO. The verdict was clear in its support of the first amendment over video game censorship. Wrote Chief District Judge Rosenbaum, "The [Minnesota Video Games] Act imposes a regime which attempts to regulate video games based on content. It does so by restricting minors from renting or buying video games with an M or AO rating. As these games enjoy First Amendment protection, any such restriction is presumptively invalid and subject to strict scrutiny." This is now the seventh time that a court has ruled that computer and video games are protected speech since 2001.

The judge even went as far as reminding Minnesota lawmakers that other states that have tried to limit access to video games and had all failed because they violated the first amendment. He wrote, "Several other states have tried to regulate minors' access to video games. Every effort has been stricken for violating the First Amendment....The Court will not speculate as the motives of those who launched Minnesota' nearly doomed effort to "protect" our children. Who, after all, opposes protecting children. But, the legislators drafting this law cannot have been blind to its constitutional flaws."

The verdict also responded to Minnesota's claim as to the supposed dangers of playing mature video games. While the state legislatures had pointed to one study linking video game playing with violent behavior, the court's review of the report found it "completely insufficient" to prove such a link.

While Minnesota lawmakers have argued that censorship is for the public good, this decision serves as a good reminder that the real public good is free speech. The verdict is sharp on this point too saying, "The United States Constitution is the ultimate expression of the Nation's public's interest, and, when its First Amendment declares that Congress, the people's representatives, may make no law abridging freedom of speech, the public's interest is clear."

[edx]

See what happens when you vote out JESSE THE BODY VENTURA

[Dizzydude]

PROTECT THE CHILDREN!

But how are movies any different then video games?

[PerfectDark PMS]

they are making a BIG deal out of nothing.

[Strife H2O]

god i love being an adult lol

[Apoth3osis]

god i love being an adult lol

Same here, but these video game laws are insane. It seems like it should be the parents who need to protect thier children, not the Government. I could go on and on about how the worst ESRB rated video games arent nearly as bad as some other forms of media out there, but thats a whole nother discussion.

[xi Apocalypse ix]

That sucks, I pray that Florida dont pass a law like that.

[Dizzydude]

Same here, but these video game laws are insane. It seems like it should be the parents who need to protect thier children, not the Government. I could go on and on about how the worst ESRB rated video games arent nearly as bad as some other forms of media out there, but thats a whole nother discussion.

Exactly, it should be the parents who screen what their children are doing, and now with the new features on the consoles with Family Settings (Parental Controls), it won't be so bad.

It doesn't really affect me because one, I live in Canada, and two, I'm 17 in like five months.

[CajunH2O]

Its so great to see the Government actually making sense for a change. They tried that same law here in Louisiana and BAM....no go. Thanks alot Constitution......we love you

[Devolution]

I'm quite tired of the government being brought in to do the job of the parents. If you have kids, do everyone a favor, AND RAISE THEM YOURSELF. (Or if you lack resources by all means think of adoption, I'm just tired of lazy parents restricting everyone's fun.)

[H2O SkywalkerX]

i hate how this is such a big deal. there are way more violent things, and way more disgusting things on TV and news.
the other day i was watching tv and an ad or something comes up for a show, and it shows this person getting a nose job, and face lift and crap like that, and i mean it shows the knife going in and blood everywhere, it doesnt leave anything out. that is so disgusting and just worse than any game i have ever seen. plus it's with REAL people.

seriously, the government is so stupid. violence doesnt come from video games, it comes from shows like cops, and police car chases, because those are REAL events. and easy for a teenager to put in perspective and think, "yeah sure i can do that" unlike GTA where, you have an f-ing rocket launcher and blow up cars, it's so unrealistic no one would even try it.

stupid FunnyBunnyFunnyBunnyFunnyBunny government makes such a big deal about everything. that's why i like japan.

[PMS Chocolate]

I'm quite tired of the government being brought in to do the job of the parents. If you have kids, do everyone a favor, AND RAISE THEM YOURSELF. (Or if you lack resources by all means think of adoption, I'm just tired of lazy parents restricting everyone's fun.)


yeah . . . i totally agree w/that, Dev. they can simply set the parental controls themselves!!!!!

oh . .. i'm 17, and i just got asked (for the first time) for ID yesterday in a store when i was trying to buy Fable for a friend's birthday. i NEVER get asked for ID! am i looking younger?!

[PMS Vanilla]

god i love being an adult lol
Ditto :D

[Lindsayxcore]

wow, thats gay. :(

[black mamba DSO]

good. i hate lieberman.

[Kicker of Tale]

Well here are my thoughts on the "issue" at hand

I believe that since video games are becoming an extremely strong force as a viable media option for people that it should follow the same rules as others like movies.

If you are under 17 and you want to see a rated R movie you get carded to see if you are old enough, if you are not old enough then you can't go by yourself and that you would need a parent/guardian to accompany you.

The same rule should apply towards video games that if a game is rated in the 18+ catagory that you should get carded to purchase it otherwise you need a parent/guardian to get it for you.

To me it makes sense and if laws like this were passed maybe we would finally see an increase in M and Ao rated games being made

As it stands yes it is ultimately the parents responsiblity to do their job and actually parent

At the same point in time the parent cannot be every where and spend every minute of time with their kid and on the same note I sincerely doubt every parent is up to speed on what type of game their child is looking to purchase

[Devolution]

I sincerely doubt every parent is up to speed on what type of game their child is looking to purchase

There are so many magazines, newspapers and newsletters now that do this for parents (rate and review games/movies). All they have to do is look up them up.

[H2O SkywalkerX]

not the more mainstream magazines that parents read however. my mom doesnt read STUFF or FHM or MAXIM. deffinatly not any of my game magazines. things like enquierer or people.

but they shouldnt look things up, they should merely go with their son or daughter and see what the game is, and buy it if they believe they deserve to get it.

[Devolution]

I wasn't talking about FHM or Maxim, I was referring to Local Papers actually inserting warnings for parents in their reviews.

In the West Contra Costa County Times and San Francisco Chronicle they list the kind of violence or language used within the film/video game.

[Kicker of Tale]

There are so many magazines, newspapers and newsletters now that do this for parents (rate and review games/movies). All they have to do is look up them up.

But what is a parent more likely to read?

Stuff that interests them, not saying that video game reviews in your local paper wouldn't be included but if it didn't interest them why would they read it?

Unless said child was extremely vocal to their parents about what game they wanted to get and the review for said game happened to appear in their paper.

I fully understand that game reviews are more accessable today than they were a few years ago. But when I worked at the funcoland headquarters on their inbound call center taking sales calls many if not most of the parents and grandparents calling up really had no clue what pokemon gold was :p other than that their grandchild or child wanted said game.

I still say that if you get carded to see an R rated movie that you should be carded to purchase an M rated or Ao rated game

[Devolution]

And I still say warnings and getting carded are just a waste of tax payer money since kids can get around such measures anyway (pay a friend's brother who is of age to get it for example). If a parent really wants their kid to keep away from such material, they should prevent it from happening as much as they can on their own. Movies I can see the point since kids go out to see them, that's our of their grasp. However most games are played within someone's home.

[Kicker of Tale]

And I still say warnings and getting carded are just a waste of tax payer money since kids can get around such measures anyway (pay a friend's brother who is of age to get it for example). If a parent really wants their kid to keep away from such material, they should prevent it from happening as much as they can on their own. Movies I can see the point since kids go out to see them, that's our of their grasp. However most games are played within someone's home.


But its not a waste of tax payer money for the guy at gamestop to ask for ID if a kid wishes to purchase a M rated game.

If the parent *really* wants their child to be away from said material then they should move to Utah :p (joking joking)

I fully understand that they can have their older brother go buy them XYZ, I mean its done already today when kids under the age of 18 need cigs.

However that would be in the minority.

My point is is that if that law passed then Video games would start to be taken seriously because I do not believe they are right now. By that I mean that since movies are taken in that light that hollywood has literally gone out of their way to make some of the most R rated PG-13 movies out there just so they can skip by getting tagged with R rating so more teenagers can spend their money watching movies in theaters, which is why teens are the number 1 movie audience.

Because of that hollywood makes more movies aimed at teens than anything else. Due to that fact the majority of the movies that are released are released with teens in mind and not exactly adults. Which is why I would like this law to pass so more games of the M and Ao rated types can be made.

[Devolution]

The biggest problem with ratings is they're inconsistent. I know how you feel about movies, sometimes I watch pg-13 movies and wonder who got paid off to look the other way.

[Maverick]

lmao true true dev.

[lovepack]

I think I am one of the very few gamers who wore not a face of disgust, but a smile, happy to see something like this. I am in no way in agreement with any of these outlandish laws; but I am in full agreement of the effect that these laws will most likely cause. This might finally encourage our generation to take a more active role in today’s elections of lawmakers. So if it takes a few bull FunnyBunnyFunnyBunnyFunnyBunnyFunnyBunny laws to make us get to those booths and make our voices heard, then by all means keep passing these laws.

[Kicker of Tale]

The biggest problem with ratings is they're inconsistent. I know how you feel about movies, sometimes I watch pg-13 movies and wonder who got paid off to look the other way.


Even for the GTA line that should have been an Adult Rated game from the get go on the ps2 and it shouldn't have taken the "hot coffee" mod that some dutchman figured out to finally move the ball on it.

If you are paying a hooker to have sex in the back of your banshee so your health refills....then its Ao.

[Athena Twin PMS]

I think there should be a rated law that restricts kids from buying games, that way the parents HAVE to get the games and know what thier kids are playing. How can parents raise thier kids if a 13 year old kid could just go in and buy a porn movie or Doom3? Yes, it is the parents choice...but the parents need help on making sure those choces are enforced properly by the stores! I am sorry, but if a parent does not want thier kid playing Doom3, or Prey, or Halo, etc...then stores need to follow that choice. Just like the ratings for movies and music. No, no one should restrict it if the parent ALLOWS it...but if the parents say no, then no it should be! Make the parents go in and get it for thier kids if they allow it, that's how it should be!

[PMS HateMaker]

I received this from my Senator yesterday:

Dear Mrs. Bernier,

Thank you for contacting me regarding First Amendment issues
related to proposals to restrict access to certain types of video
games. I appreciate hearing from you.

On March 29, 2006, the Senate Judiciary Committee,
Subcommittee on the Constitution, Civil Rights and Property
Rights, of which I am the ranking member, held a hearing entitled
"What's in a Game? State Regulation of Violent Video Games and
the First Amendment." The hearing was not intended to discuss
any particular federal legislative proposal, but rather to discuss
more generally the First Amendment and other issues related to
any federal legislative attempt to restrict access to certain types of
video games.

I share the concerns of many about the violent video games on the
market today. However, in considering legislation, Congress must
be careful to consider the First Amendment implications of
restricting access to these games. I will keep your views in mind
should the Senate Judiciary Committee, or the full Senate, consider
legislation related to limiting access to video games.

Thank you again for contacting me. I look forward to hearing
from you in the future.


Sincerely,

Russell D. Feingold
United States Senator

Russ Feingold rulez lol

[Gypsyfly PMS]

I think I am one of the very few gamers who wore not a face of disgust, but a smile, happy to see something like this. I am in no way in agreement with any of these outlandish laws; but I am in full agreement of the effect that these laws will most likely cause. This might finally encourage our generation to take a more active role in today’s elections of lawmakers. So if it takes a few bull FunnyBunnyFunnyBunnyFunnyBunnyFunnyBunny laws to make us get to those booths and make our voices heard, then by all means keep passing these laws.

I'm in complete agreement. We need to do anything and everything to make sure we're participating and are aware about the current video game politics going on around us. With the amount of money we put into video games, we can't afford to be oblivious about what's going on around us, especially if it has to do with altering our constitutional rights.

I'm all for people being carded for M rated games, just to keep the underage from getting their hands on them. If they need a parental unit to buy it for them oh well. If they do it for movies they can do it for games too.

They also need to stop complaining about the violence in video games, especially if they're just as or less violent then movies. I doubt they will though.

[EpIk 5tarr]

This is exactically why i love the oxymoron Government Organization *shakes head*