Video Game Laws Shot Down

If June was video game violence month, August is the month the game industry strikes back

© Robert Janelle

A Minnesota law against violent video games is struck down and the state of Illinois is forking over more than half a million dollars to the game industry.

The largest group representing the video game industry has scored two major victories since the beginning of August.

The Entertainment Software Association had the Minnesota law which fines minors for buying games rated M for mature or AO for Adults Only struck down.

Second, they'll be receiving a big pay-out from the state of Illinois.

$510,528.64 was awarded to the video game industry by Judge Matthew F. Kennelly, U.S District Judge for the Northen District of Illinois.

The money was awarded to the ESA, the Video Software Dealers Association and the Illinois Retail Merchants Association, all plaintiffs in a lawsuit fighting the state's effort to enact a law banning to sale of violent video games.

Judge Kennelly granted an injunction against the law restricting video game sales in December 2005, declaring it unconstitutional.

"If controlling access to allegedly dangerous speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the State," he's quoted as saying in a press release from the ESA.

Meanwhile, on August 1, a Minnesota law that would've fined minors for buying violent video games was also declared unconstitutional.

"This ruling is of particular interest because lawmakers tried to skirt the First Amendment issue by fining minors themselves for buying the games, not retailers, as they have tried in other states," ESA president Doug Lowenstein said in another press release.

In his decision, Chief District Judge James Rosenbaum of the Court of Minnesota said, "there is no showing whatsoever that video games, in the absence of other violent media, cause even the slightest injury to children," according to the ESA press release.

The ESA plans to seek compensation for legal fees from the state of Minnesota as well.

Lowenstein has said on multiple ocasions that rather than enact unconstitutional laws, he'd prefer a cooperative effort between law-makers, retailers, parent groups and health groups to educatw parents about the ESRB ratings and the parental controls that'll be available on all next-generation consoles.


The copyright of the article Video Game Laws Shot Down in Other Video Games is owned by Robert Janelle. Permission to republish Video Game Laws Shot Down must be granted by the author in writing.




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