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Illinois Videogame Law Struck Down

Big_Al_B writes "CNN reports that a federal judge ruled against the state of Illinois law that banned the sale of some games to minors." From the article: "The Illinois law, which also was to go into effect January 1, would have barred stores from selling or renting extremely violent or sexual games to minors, and allowed $1,000 fines for violators. Kennelly said the law would interfere with the First Amendment and there wasn't a compelling enough reason, such as preventing imminent violence, to allow that." Triumphantly, GamePolitics offers up the ESA's reaction to the decision. The Governor has vowed to appeal, so this isn't over yet.

14 of 320 comments (clear)

  1. Uh, kinda sane by Ztream · · Score: 5, Insightful

    Amidst all the cries of regulating violence and sexual content, this law seems rather moderate. Parents can still buy the stuff for their kids if they want to - nothing is banned. Too bad the more sane laws get struck down while extreme and harmful ones pass inspection.

    1. Re:Uh, kinda sane by malchus842 · · Score: 5, Insightful

      But this is how it always starts. The cry of We have to protect the children by politicians looking for re-election (and Gov Rod has several investigations into his administration to distract people from right now) leads to LOTS of bad law. And this one is no different. You know the next step - banning sales to kids didn't work, they are still getting their hands on them. So we have to make the law tougher. And the cycle continues.

      Fundamentally, the responsibility lies with the parents, not the state, to monitor what their kids do. This goes for all manner of things, not just buying video games. My kids know the rules that we have, and I know they know them. But my rules should not limit what OTHER parents or kids do! This is just another 'nanny-state' law - the kind I'm really getting tired of.

      I am reminded of the entire Tipper Gore vs. Frank Zappa music censorship battle. To quote Zappa (from the Joe's Garage liner notes:

      Desperate nerds in high offices all over the world have been known to enact the most disgusting pieces of legislation in order to win votes (or in places where they don't get votes, to control unwanted forms of mass behavior).

      Environmental laws were not passed to protect our air and water...they were passed to get votes. Seasonal anti-smut campaigns are not conducted to rid our communities of moral rot...they are conducted to give an aura of saintliness to the office-seekers who demand them. If a few key phrases are thrown into any speech (as the expert advisors explain to these various heads of state) votes will roll in, bucks will roll in, and, most importantly, power will be maintained by the groovy guy (or gal) who gets the most media coverage for his sleaze. Naturally, his friends in various businesses will do okay too.

      All governments perpetuate themselves through the daily commission of acts which a rational person might find to be stupid or dangerous (or both). Naturally, our government is no exception.

      Frank knew what he was talking about! Here's an excerpt from his congressional testimony that speaks volumes

      It is my understanding that, in law, First Amendment Issues are decided with a preference for the least restrictive alternative. In this context, the PMRC's demands are the equivalent of treating dandruff by decapitation.

      No one has forced Mrs. Baker or Mrs. Gore to bring Prince or Sheena Easton into their homes. Thanks to the Constitution, they are free to buy other forms of music for their children. Apparently, they insist on purchasing the works of contemporary recording artists in order to support a personal illusion of aerobic sophistication. Ladies, please be advised: The $8.98 purchase price does not entitle you to a kiss on the foot from the composer or performer in exchange for a spin on the family Victrola. Taken as a whole, the complete list of PMRC demands reads like an instruction manual for some sinister kind of "toilet training program" to house-break all composers and performers because of the lyrics of a few. Ladies, how dare you?"

      To bad Zappa died of cancer in 1993.

    2. Re:Uh, kinda sane by Blkdeath · · Score: 4, Insightful
      Fundamentally, the responsibility lies with the parents, not the state, to monitor what their kids do. This goes for all manner of things, not just buying video games. My kids know the rules that we have, and I know they know them. But my rules should not limit what OTHER parents or kids do! This is just another 'nanny-state' law - the kind I'm really getting tired of.

      Come on, we can't have it both ways. What about the grandmother who sued everybody and their brother after purchasing an 'M' rated game (GTA San Andreas, IIRC) for her young grandson?

      One way or another a precedent has to be set. Does the state protect the children, or is it the parent/guardians' responsibility?

      Let's face it, the world we live in today is different than the world of yesterday. Kids don't grow up as quickly because they're not put to work to support their families at 13 years of age. Therefore it was decided by society that there should be a reasonable(?) age limit set forth to determine when children become capable, decision making adults. This determines when you're allowed to vote, purchase and consume alcohol and tobacco products, sign your name to a binding contract, purchase / consume violent and/or pornographic materials, etc.

      To play devil's advocate for a minute here; the problem with abolishing all 'nanny-state laws' is a partial reflection of our current state of society. We have children with one or no living/remaining parents, children of parents who work long hours to make ends meet, and this leaves kids by and large to manage their own lives. In one circle of thought, this leaves kids to watch violence and porn while smoking, getting drunk and high while cleaning their firearms. Moral degredation of those less fortunate and all that.

      On the other side of the coin, it's also believed that if you don't allow children to make their own decisions and face consequences of same they'll never learn to be responsible. It's a tough sell, though, with cigarettes generalling taking years to take their toll on health, pedophiles and other sexual deviants coming out of the woodwork around every corner, violent crime spreading like untamed wildfire, ...

      Politicians, stemming largely from the rallying cries of concerned citizens' groups, have long determined that we can't take care of ourselves so the long arm of the law must step in and do it for us. Whether you agree with it or not, it seems to be a cost of our present level of society. Let's face it; technology advances faster than even the most educated lawmakers can comprehend and brings with it new methods of delivering sin that they feel must be dealt with. Naturally, if you're not satisfied with how your congresscritter is representing you send them some information and clarify it for them. There's always some sense of naive hope that it'll make a difference. ;)

      --
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      Shameless plug. Like you weren't expecting it.

    3. Re:Uh, kinda sane by Blkdeath · · Score: 4, Interesting
      I'm suspicious that judgment suddenly just "comes to a person" after their 18th birthday, or after any other day for that reason.

      You'll get no argument here. I still find it strange that at the age of 18 here in Ontario one is allowed to vote or sign up for the armed forces but not allowed to smoke, drink, or peruse sexual materials. At the age of 16 you're allowed to operate a motor vehicle but insurance rates make it prohibitive to do so (indicating the frequency of collisions and infractions by 16-18 year old drivers).

      The problem being, how do you determine when an individual is 'ready' for responsibility? Individual testing for age of majority status would be tedious, costly, and entirely ineffective. Ages are set at an arbitrary number decided by the government of the day at a point they believe is reasonable. You say the age when people graduate high school - that's probably not a coincidence. One would suppose by that point in a person's life they've had exposure to enough education and general life experience that they should(!) be capable of making decisions while understanding the consequences. Whether that's always the case is suspect, but hey, it's an imperfect world we live in.

      I know a lot of people who believed themselves to be ready to party, have sex, and nine months later the consequences became very real. Sure enough, they drop out of school, live on their parents' (or the tax payers') dime and eventually find themselves grossly unqualified to do anything that pays more than minimum wage. But at the age of 14 here in Ontario boys and girls are considered mature enough to have sex.

      What we need is some form of mandatory training on personal responsibility in the modern world. But hey, that's just my opinion.

      --
      BD Phone Home!

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  2. Laws are no substitute for Parental Control by xoip · · Score: 5, Insightful

    With Freedom comes responsibilities. It is about time parents took some responsibility for what goes on in their home and not defer their parental responsibilities to the State. The sad fact is, too many parents don't take any responsibility for what their kids watch, read or play.

  3. So 12 y/o kids should get playboy? by keraneuology · · Score: 4, Interesting
    Why is it legal to sell some slasher video game to kids where they get to control the action, but not legal to sell the slasher DVD to those same kids? Why can you sell some Playboy game, or some hardcore sex game to kids, but they can't buy the magazine?

    Pick a standard and stick with it - kids should either be allowed to purchase sexual images or they shouldn't. Just because one particular format sells more than others isn't a valid reason to allow it but exclude everything else.

    --
    If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
  4. Won't someone think of the children? by Loonacy · · Score: 4, Interesting

    Does this mean that it's unconstitutional to ban the sale of Playboys to minors?
    Honestly, I'm confused here. I'm all for freedom of speech and all that, but this was a ban on selling "extremely violent or sexual games" to minors. I'm guessing this is AO rated stuff, which could be comparable to nudie mags (Playboy Mansion?). What's the big deal?

  5. Not really that sane. by worb · · Score: 5, Insightful
    If this is the same law proposal that specifically targeted video games but ignored things like movies, then the law isn't that sane after all. This was one of the big problems pointed out by the industry and its defenders - that the law was singling out video games and ignoring other forms of entertainment.

    The way this law looks now it's more of a patchwork, and a kind of "let's do something so it looks like we care and are actually giving value back to the tax payers" law which should be shot down and replaced with something better. Or ignored.

  6. Forbidding what is bad by jurt1235 · · Score: 4, Insightful

    Would it not also be helpfull to expose a kid to all the things in life, but explain to the kid what is morale and what is not. Looking at extremist behaviour, it is mainly because of taboos that they get worse than necessary. No taboos, but just a good sense of what is normal and what is less normal (or plain abnormal) works a lot better.

    So next time when you think of forbidding something because it is bad, maybe you should allow it and educate on it.

    --

    My wife's sketchblog Blob[p]: Gastrono-me
  7. Hang On A Minute by CowboyBob500 · · Score: 4, Insightful

    I was under the impression (from over here in the UK) that the rating on a game means that no-one under a certain age should be sold it. The article suggests that such a thing is against the First Amendment, WTF?

    Over here in the UK, games are rated in the same way that movies, alcohol, tobacco etc are in that if you are caught supplying them to anyone underage you can get prosecuted.

    I'm against censorship in that an adult should not be censored from what they wish to see/do, but ratings are a good thing IMO. This kind of court decision just seems back-asswards to me. Does this ruling mean that a child can go to an adult rated film, and if they get denied entry claim it breaches their First Amendment rights?

    Bob

  8. Re:Why is everyone so gung-ho by Rocketship+Underpant · · Score: 5, Insightful

    As a parent and a grandfather, I would not want my kids partaking in this sort of degenerate filth. It's garbage.

    So be a responsible parent and grandfather then, and restrict those things from your kids yourself. Don't take the easy, selfish route of asking the State to do your parenting for you. Your temporary convenience is not worth your freedom, nor the freedom of your neighbours.

    --
    He who lights his taper at mine, receives light without darkening me.
  9. Re:Why is everyone so gung-ho by ashridah · · Score: 5, Insightful

    "...to ensure that children have access to violent and or filthy materials?
    Do you think that it's GOOD that kids should be seeing this sort of trash?"

    Obviously, you don't believe YOUR children shouldn't. Doesn't mean everyone should automatically agree with you.

    The reason this is being fought tooth and nail is because it's a stepping stone to greater losses of the so-called freedoms you americans face (note, author of this post not american)

    "As a parent and a grandfather, I would not want my kids partaking in this sort of degenerate filth. It's garbage."

    By your reasoning, so's most of shakespear's work.. oh. so that's written on paper, so that's okay? Right, double-standard much? May as well burn every library and start again with fresh culture.

    "And don't get all excited. I'm an atheist so I'm not some religious right wing zealot.."

    *blink* so that means you're just a right wing zealot? You don't have to be religious to be a moral crusader, it just seems to be common.

    "I'm an adult and I know what's bad for kids. I've raised two kids myself, they are adults now and I'm happy to say I think they turned out pretty good and I had strict rules on this sort of thing in my home. I absolutely forbid MTV and such trash under my roof and it was NOT a problem, as a matter of fact my son came home from college last year and told me that he was glad that I had forbidden MTV type trash in the home.."

    A sample of two is not a valid experiment. Come back and talk to me when you've raised about 30-thousand children, AND when you have a valid cross-section of lifestyles, living areas, etc. Your experiment is also loaded with bias. Read http://www.badscience.net/ for examples of bias in experiments.

    Millions of children grow up with video games, MTV, books, porn, the internet, and none of them turn out to be serial killers, gang members, murderers, rapists, drug users, etc.

    Some kids who have no contact with any of the above media still commit crimes of these nature, hell, they were committing these crimes before the media existed at all!

    Statistically speaking, the fact that there's an intersection at some point between violent crimes and these types of media is just a proof that both exist in a random selection of people!

    ash

    PS, I find it entertaingly co-incidental (aka, an alanis-morriset style ironicism) that i was asked to reproduce the word 'gunned' to verify my humanity.

  10. Who decides? by Joe+Random · · Score: 4, Insightful
    Why is everyone so gung-ho to ensure that children have access to violent and or filthy materials?
    Do you think that it's GOOD that kids should be seeing this sort of trash?
    What sort of trash? Is entertainment that references alcohol or drug use trash? What about promiscuity? Violence? Homosexuality? Who gets to decide what "filthy materials" are?

    The answer, of course, is the parents. An outright ban on the sale of violent or "filthy" materials to children ignores the fact that different parents have differing levels of comfort with what their children are exposed to. As long as the material in question isn't going to harm the child (i.e. showing real snuff videos to kindergartners or some such) then the parents should be allowed to make that decision.

    The question is, do you ban everything and require specific parental consent for exceptions, or do you permit everything and rely on the parents to keep track of what their kids are doing? Personally, I'm in favor of the latter, and for that to work, children must have access to materials that some parents find offensive.
  11. Re:Why is everyone so gung-ho by Buran · · Score: 4, Insightful

    The problem is that while you may feel you are making the right choices, and you may feel that the government is making the right choices, not everyone agrees with you. If I choose to read a particular book and I feel it's the right book for me to read, for whatever reason, at whatever my age might be, it's MY choice to make and not yours and not the government's. People are up in arms about it because the choice has been taken away from the person who is best fit to make it -- the individual themself -- and put into someone else's hands, someone who doesn't know me or what's fit for me. No one knows you better than yourself.

    I'm 30 years old but I was a minor once (we all were) and I was a responsible person and I have never been in trouble with the law. Yet I have played "violent" games before while a minor, such as Doom and Quake and games like them, because they were what I wanted to play and I enjoyed playing them. These games involve shooting things and the use of firearms. I have also watched films that involve a lot of gun battles and the like (Terminator, Terminator 2 etc) and enjoyed them.

    Yet my experience with guns so far is limited to safe use, under supervision, on a firing range; I wore safety goggles and followed all gun safety rules and before I consider purchasing a gun (what kind I do not yet know -- a shotgun might be best for home defense) for home defense or concealed carry, I will enroll in a safety course as required by local law and will be sure to wear safety goggles and ear protection during training.

    In short, I am a responsible individual who enjoys some things you might ban because you feel they're unsuitable without knowing a thing about me. I know how to be safe and I take steps to ensure that I am.

    The best way to handle such things is to ensure that people are educated about the subject material at hand. My parents never restricted me from drinking alcohol (the alcohol is actually kept at floor level in their house and always has been) and never monitored what games I played (admittedly largely flight sims; I'm an aviation geek, but they never nitpicked what I brought home) or the books I read. They trusted me to know what I was doing.

    And it worked. To this day I play flight sims, Civilization-type strategy games, read all sorts of sci-fi and science books ... and play first-person shooters and watch movies like the Terminator series. I also don't drink much (I don't like the taste of wine or beer, and I keep to stuff like Bailey's and Godiva liqueurs and eggnog-with-brandy).

    Now, would you say it was bad for me to be able to access the food, movies, games, and books that I did? Did I turn out to be a bad person? No. Because my family knew I was responsible, a smart person, and unlikely to do anything stupid. They didn't need government nannies to do their job for them. They taught me the wisdom of educating yourself and to do the smart thing.

    You have no right to say what is "trash" and "garbage" for anyone other than yourself. If someone not you wants to watch that stuff, that's not your judgment call to make. And if you make it, you just get people angry at you for intruding in on their lives. That's the problem the goverment faces when they start whining about what's on TV (people see a lot more sex elsewhere than they do on TV, and a lot more swearing), when they ban drinking (kids don't wait til 21 to take their first drink, believe me, no matter what you or the government wants to believe) or sex (same).

    If the government would relax and try to educate people on how to live safely instead of arbitrarily banning sex, drugs, alcohol, etc. till some magic "wow, they'll be careful after this day but not before it" age (or in the case of drugs, NEVER allow them) they'd probably find that people have a hell of a lot more common sense than they think, and the "it's forbidden, I must defy authority by partaking in it because they have no right to tell me what not to do" protesting would die down. After all, the drinking age is a lot lower in Europe and you don't hear as many insane "drunk college kids" stories from over there ...