Oh Look, Once Again A Judge Has Tossed Out Video Game Sale Ban As Unconstitutional

from the yes,-again dept

Over and over and over and over and over and over again, state politicians have been passing laws that ban the sale of certain video games to children and every single time the laws are struck down as unconstitutional. Yet, local politicians keep proposing similar laws. Why? Because it gives them a talking point for the next election and making it look like they're "protecting the children" (even if the law does no such thing). However, what they're really doing is wasting taxpayer money, because every time one of these unconstitutional laws is passed, the state has to go to court to defend it, only to find it thrown out again. The latest state to waste taxpayer money over this? My home state of California, who has now had its law thrown out as unconstitutional, just like all the rest. Let's make this clear: more than ten states have passed these laws and not a single one has been found to be constitutional. Any politician passing such a law these days knows that they're wasting taxpayer money on a law that will undoubtedly be found unconstitutional -- and yet they do it anyway. What does that say about the politicians pushing such legislation?

Filed Under: legislation, video games


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  1. identicon
    BTR1701, 8 Aug 2007 @ 6:06am

    Re: Movies

    > Something I've never really understood,
    > is why it's unconstitutional to ban the
    > sale of certain games to minors, but not
    > unconstitutional to do the same for movies

    Because no one has done it with movies (other than hardcore porn movies). The rating system for mainsteam movies (G, PG, R, etc.) is entirely voluntary. The studio/theater industry voluntarily set up the rating system as a service to its customers. So while a given theater might refuse to sell a ticket to a 14-year-old for an R-rated movie, there's no law that requires them to do so. Indeed, if a theater *did* sell tickets to kids against the rating system, they couldn't be charged or fined by the government in any way. And if the goverment passed a law to enforce it, that law would be unconstitutional just like these video game laws are.

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