Just A Reminder: The Constitution Still Applies In Louisiana

from the once-again dept

How many times are state legislators going to try to pass video game bans before they learn what many judges have pointed out — that the bans are unconstitutional? Well, probably for quite some time, as long as “protecting the children” remains politically en vogue. Louisiana’s legislators are the latest to pass such a law, only for a judge to put it on hold before a trial that will likely strike the law down, just as several other courts have done.

It’s not that these legislators are ignorant of the Constitution (we hope), but rather that it’s very politcally easy to pass this kind of law, then when it gets struck down in the courts, politicians can act like they’ve done something, but those damn activist judges (or whoever else they want to blame) just keep getting in the way. That way, they can create the appearance that they’re doing something without attacking the real root of the supposed problem — letting people abdicate responsibility for their actions.

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Comments on “Just A Reminder: The Constitution Still Applies In Louisiana”

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General Fault says:

RE: J.R.


Please forgive my offshoot topic reply,

I am not a lawer but my understanding is that the constiution does not allow banning alchohol either. That is why (a very short lived) amendment had to be made to outlaw it. As for drinking age laws, my limited understaning is that the Federal Government cannot actually enforce drinking/smoking age laws. Thus it is your local state that handles the laws regarding drinking/smoking age. The government has to lean on interstate commerce laws to enforce federal national drug and alchohol policies.

Ive always wondered… If a marijuana seed is harvested, planted, grown, and smoked all within the same state, how the hell does the Federal government have any say in it?

I met them once at a party says:

Ever heard of the ATF?

ATF, or Alcohol, Tobacco and Firearms is the federal arm that handles things like the drinking and smoking enforcement. They have unlimited jurisdiction in the U.S. and the federal laws that on drinking/smoking age are what gives them pretty much any say they want…as long as it doesnt trample on your constitutional rights, as in the video game case.

Scott says:

I love these articles

I have not seen one ruling that said it is unconstitutional, there are some saying it bordered on, but that was not the final ruling. Almost every one of the rulings states the wording is overbroad or not enforceable using the “community standards of decency” as a measure.

R rated movies are not for sale to minors, and do you know why? R rated movies are not overbroad and they are easily enforced, there is no interpretation on the retailer’s part.

I seriously doubt that if one of these laws comes down with the M rated games are not for sale idea, it will be easy to fight.

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