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GamePolitics speaks with federal game bill sponsor, ESA deems bill unconstitutional


GamePolitics has an interview with Rep. Lee Terry (R-Neb), one of the congressmen, along with Rep. Jim Matheson (D-Utah), attempting to pass a federal law forcing retailers to check IDs before selling M- and AO-rated games. One of the better moments in the interview is when GP asks Rep. Terry what game he was talking about when he stated there are titles players could score point for virtual rape. Terry responded, "That's a good question. I don't know of any [specific games] offhand... I just used the rape, pillage and plunder line..."

The ESA has publicly come out against the bill, with CEO Mike Gallagher saying that the bill is unconstitutional. He states the ESA shares the representatives' goals of "ensuring children are playing parent-approved computer and video games," but points out that all consoles now have parental settings which can be used to make sure kids play only the games their parents allow.

Minnesota game law's only recourse is Supreme Court


GamePolitics reports that the 8th Circuit Court has declined an "en banc" review of the Minnesota "fine the buyer" video game law, meaning the only place left to run for the currently unconstitutional law is the Supreme Court of the United States. Minnesota Attorney General Lori Swanson hasn't said whether she'd go that far, but if she does pursue it and the justices decided to hear arguments, it would be the first time the Supreme Court dealt with a video game law case .

With the United States Supreme Court's current makeup, a game law case could go pretty badly for the industry. Justice Antonin Scalia has said if a game law banning the sale of mature-rated games to minors ever made it to the docket he would affirm it, but that's not what the Minnesota law is about. The question before the court would be whether Minnesota would have the right to fine a minor $25 for attempting to buy an M- or AO-rated title.

Mass. legislators considering 'games-as-porn' bill

 Tomorrow the Massachusetts legislature will discuss a bill that would make it illegal for minors to buy video games deemed too violent by the state (not through ESRB ratings such as M or AO). No similar law exists for movies, music or books. House Bill 1423 is dubbed a "games-as-porn" bill because the rationale used to prevent minors from buying violent video games is the same used on porn. The original bill was drafted by Boston Mayor Thomas Menino (pictured) with assistance from Jack Thompson and legislative sponsor Rep. Linda Dorcena Forry (D).

GamePolitics points out HB1423 is based on a failed Utah bill and, given the history of other similar bills, it seems odd that Massachusetts would potentially be putting itself (and taxpayer dollars) at risk of repaying the ESA for fighting this bill in court.

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