ESA Sues Minnesota Over Unconstitutional Game...

ESA Sues Minnesota Over Unconstitutional Games Law // UPDATE

There have been quite a few games legislation bills proposed in the US lately, and what they all have in common is that, so far, they were all slaughtered by the Entertainment Software Association's irrefutable appeals regarding the constitutionally of any such law. But since there's no end to a politician's lust for popularity, history is bound to repeat itself. In fact, it's repeating itself right now in Minnesota, where a new bill was passed last month by the Minnesota House of Representatives, proposing a $25 civil penalty for minors who knowingly buy or rent Mature or Adult Only ESRB-rated videogames.

At the time, Republican representative (and future Attorney General wanna-be) Jeff Johnson tried something a bit different than previous legislative proposals: instead of imposing fines on retailers and merchants, he went after the little folks.

"We were trying to pass the narrowest bill possible just to try something different from a constitutional challenge standpoint", he said, while admitting that "There are two potential constitutional problems. One is that 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". And the other is that "so far no court has found a strong enough link" between violent or graphic videogames and youth violence or aggressive, anti-social behaviour."

Despite all this, the bill was signed by Republican Governor Tim Pawlenty last week, and if left uncontested, is due to become law on August 1st. So what's next? Why, the ESA filing suit, of course!

After expressing their "deep disappointment" with the Governor's decision, and accusing those responsible for the bill of cynicism, "subverting the Constitution" and "frittering away" tax money, the Entertainment Software Association announced yesterday that they have sued the State of Minnesota, seeking to overturn this unconstitutional video game law.

"The bill's tortured effort to end run the First Amendment by punishing kids directly fails under the Constitution because children have rights under the First Amendment, like all other citizens. The State is attempting to impose liability on children because they know that courts have consistently held that they cannot penalize retailers. We believe that the courts will agree that fining children violates the First Amendment as well. (...)

How is it possible for retailers to collect $25 from children? The fact is that it would be far more productive for all parties - industry, retailers, government, parent groups, health groups - to work together to educate parents about the ESRB ratings and content descriptors and the parental controls available in all next generation consoles."

Damn right, make games, not laws!

UPDATE: 1UP trashes Sen. Sandra Pappas, one of the Minnesota bill's irresponsible sponsors (enlightening read!). Clearly, politicians and video games don't mix.

UPDATE #2: Louisiana Senate Passes Video Game Violence Bill. Great, another ESA couter-attack to follow... [07.06.2006, 19:44]

(N.B. Archive text, links removed)