Ban on video games shot down

 

December 3, 2005

 

BY DAVE MCKINNEY Sun-Times Springfield Bureau Chief

 

 

SPRINGFIELD -- Gov. Blagojevich's bid to restrict the sale of violent and sexually explicit video games was tossed out Friday by a federal judge who said the state came "nowhere close" to showing the idea is constitutional.

 

The decision by U.S. District Judge Matthew Kennelly represented a victory to Illinois retailers who immediately challenged the law that Blagojevich signed last summer and a blow to the governor's office.

 

"We disagree and plan to appeal the decision," Blagojevich spokeswoman Abby Ottenhoff said. "Parents have every right to expect their kids won't be able to get graphically violent and sexual video games without getting their parents' permission."

 

The law was to have taken effect Jan. 1 after being placed on the fast track last spring by Blagojevich and embraced by the Legislature, whose support was nearly universal amid fears of an election-year backlash in voting against it.

 

Blagojevich said he was motivated to push for the law after seeing news reports of a video game that enabled players to simulate the 1963 assassination of President John F. Kennedy.

 

'A gimmick right from the start'

 

The federal courts have struck down similar laws in Indiana, Missouri and Washington state over concerns the restrictions imposed on free speech protections. A similar California law is being challenged in court.

 

"It's unfortunate that the state of Illinois spent taxpayer money defending this statute. This is precisely what we told them would happen," said David Vite, president of the Illinois Retail Merchants Association, one of the groups that sued over the law.

 

State Sen. John Cullerton (D-Chicago) made that very point on the floor of the Senate in May, when he was only one of five senators to vote against the governor's proposal, warning taxpayers could be on the hook for massive legal fees.

 

"This was predicted. Everybody thought it was, 'Ooh, if you vote against the video game bill, people will think you're in favor of violent video games.' Why can't someone say this is patently unconstitutional?" the North Side Democrat said.

 

"I'm fearful that somebody, not the governor but maybe an adviser, might have said this will be good press; you're fighting violent video games," Cullerton said. "It was a gimmick right from the start."

 

The law would have imposed $1,000 fines against retailers that sold or rented extremely violent or sexually explicit games to minors.

 

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.

 

Hey Blago, it's already illegal for retailers to sell M or higher rated games to Children under 18 years of age. If they get ahold of a copy, it's the parents' fault anyway.

Edited December 4, 200520 yr by Steve9347

"Think of the children, oh please, won't someone think of the children"

Join the crusade to end the inane Jack Thompson.

Good to see that moralist fascist prick take a big hit.

 

And speak of the Devil -- I had written my first application article for the Herald on Safe Games Illinois cuz I was so outraged.

 

There is a clear and present danger to Illinois residents. I am not talking about the budget crisis. I am not talking about funding disparities in Illinois schools that rank Illinois near the bottom nationally in education. I'm talking the thing every person fears -- pixilated video game violence!

 

Safe Games Illinois is a program started by Governor Blagojevich is looking to ban the sale of "Mature" rated video games to children under the age of 18. Not only is this a waste of the Governor's time but there are several fundamental flaws with his moralistic crusade.

 

On the Safe Games Illinois web site, the Governor states that he wants to "shield our children" from objectionable items. I'm sorry Mr. Blagojevich, but can we leave the decision making regarding the raising of children to the child's parents instead of having the government intercede as "We know what's good for everyone" nanny? A parent knows their child much better than the Illinois General Assembly and would know if the child is developmentally able to distinguish fantasy from reality enough to enjoy a video game.

 

The Governor claims that we must keep these objectionable games out of the hands of very young children. However, Mr. Blagojevich fails to realize that for many young children, the money to buy different items lies within Daddy's wallet or Mommy's purse. The Entertainment Software Rating Board (ESRB) rates these games and gives accurate descriptions to assist families and parents. Parents are able to see clear descriptions that detail the age appropriateness and also what potentially objectionable items a game entails. If the parents do not want their child to have such games, it is the parents' responsibility to steer them towards a more age appropriate game. Even if Safe Games Illinois passes and the child wants an objectionable game, a parent can always purchase it for them thus making his law ineffectual.

 

Governor Blagojevich also states "When kids play, they should play like children, not like gangland assassins". Mr. Governor, when a child is able to distinguish reality from fantasy, they can play these games and not go out to commit violent atrocities. Children have been playing 'Cops and Robbers' and 'Cowboys and Indians' for years. Are you seriously contending that government further polices the play habits of children? How far do you want to go with this policy? Shall we have government enforcers on playgrounds? Focus on solving the problems real violence and real atrocities that unfortunately permeate our society instead of crusading against those perpetrated in a fantasy world on a television set.

 

Mr. Governor, please allow parents to make the choices that they feel are appropriate for their children. Parents, take the time to learn what your children are playing. Sit down with them and find out why they like playing certain games. Talk to them about why you may not like them playing certain games. Communicate -- because it beats the government usurping your rights.

Good to see that moralist fascist prick take a big hit.

 

And speak of the Devil -- I had written my first application article for the Herald on Safe Games Illinois cuz I was so outraged.

 

There is a clear and present danger to Illinois residents. I am not talking about the budget crisis. I am not talking about funding disparities in Illinois schools that rank Illinois near the bottom nationally in education. I'm talking the thing every person fears -- pixilated video game violence!

 

Safe Games Illinois is a program started by Governor Blagojevich is looking to ban the sale of "Mature" rated video games to children under the age of 18. Not only is this a waste of the Governor's time but there are several fundamental flaws with his moralistic crusade.

 

On the Safe Games Illinois web site, the Governor states that he wants to "shield our children" from objectionable items. I'm sorry Mr. Blagojevich, but can we leave the decision making regarding the raising of children to the child's parents instead of having the government intercede as "We know what's good for everyone" nanny? A parent knows their child much better than the Illinois General Assembly and would know if the child is developmentally able to distinguish fantasy from reality enough to enjoy a video game.

 

The Governor claims that we must keep these objectionable games out of the hands of very young children. However, Mr. Blagojevich fails to realize that for many young children, the money to buy different items lies within Daddy's wallet or Mommy's purse. The Entertainment Software Rating Board (ESRB) rates these games and gives accurate descriptions to assist families and parents. Parents are able to see clear descriptions that detail the age appropriateness and also what potentially objectionable items a game entails. If the parents do not want their child to have such games, it is the parents' responsibility to steer them towards a more age appropriate game. Even if Safe Games Illinois passes and the child wants an objectionable game, a parent can always purchase it for them thus making his law ineffectual.

 

Governor Blagojevich also states "When kids play, they should play like children, not like gangland assassins". Mr. Governor, when a child is able to distinguish reality from fantasy, they can play these games and not go out to commit violent atrocities. Children have been playing 'Cops and Robbers' and 'Cowboys and Indians' for years. Are you seriously contending that government further polices the play habits of children? How far do you want to go with this policy? Shall we have government enforcers on playgrounds? Focus on solving the problems real violence and real atrocities that unfortunately permeate our society instead of crusading against those perpetrated in a fantasy world on a television set.

 

Mr. Governor, please allow parents to make the choices that they feel are appropriate for their children. Parents, take the time to learn what your children are playing. Sit down with them and find out why they like playing certain games. Talk to them about why you may not like them playing certain games. Communicate -- because it beats the government usurping your rights.

 

 

LOL!!! Someone really hates Governor Rod.

 

HAHAHA

 

I totally agree with your post BTW.

This may be one of those rare Soxtalk political threads where everyone agrees with each other. ::Knocks on wood::

I've always wondered why people felt this way about video games anyways. I don't see why regulating this should be any different than music or movies. People just seem to overreact about video games. So he basically wants to change the age for mature games from 17 to 18 (At least I think it's 17 now. It isn't an issue for me) and ID people when they buy these games like it's cigarettes or alcohol? How hard are those to get for underaged people?

Blagojevich is an idiot, but I don't see a problem with not allowing kids to purchase really violent video games.

Hey Blago, it's already illegal for retailers to sell M or higher rated games to Children under 18 years of age.  If they get ahold of a copy, it's the parents' fault anyway.

If it's already illegal then what was he trying to pass?