Just A Reminder: The Constitution Still Applies In Louisiana

from the once-again dept

Tue, Jun 20th 2006 1:04pm — Carlo Longino

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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17 Comments

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slide23, 20 Jun 2006 @ 1:18pm

Root of the Problem
" they can create the appearance that they're doing something without attacking the real root of the supposed problem"

Career politicians?
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MissingFrame, 20 Jun 2006 @ 1:47pm

Maybe not the politician's fault
Sometimes you have to do what the people ask just to prove to them that they are idiots ...
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Anonymous Coward, 20 Jun 2006 @ 2:08pm

measely crap like this is just an attempt for a few little politicians to make a name for themselves
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Phoenix, 20 Jun 2006 @ 2:12pm

just an idea
why can't they make an age limit on these games, and then enforce it like they would they alcohol law? That makes a lot more sense to me than banning them completely.
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- J.R., 20 Jun 2006 @ 2:17pm
  
  Re: just an idea
  Because the laws regarding underaged drinking are working out so well, right? Nope, no teenaged drinkers. Not a single teen died last year from drunk driving. Nope. I have to agree with you: more laws! We need more!
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  - Anonymous Coward, 20 Jun 2006 @ 3:34pm
    
    Re: Re: just an idea
    the point is that there are less teenage drinkers. still, the problem is that the parents are relying on the gov. to do their parenting rather than being responsible for their own children.
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phoenix, 20 Jun 2006 @ 2:22pm

J.R.
Umm well wouldn't you rather have a pointless law making it illegal for underaged kids to posses these games. Or would you rather have a pointless law completely banning them, and putting thousands of designers, scripters, and programmers out of work?

Nice thinking you IDIOT!
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- Jeremy, 20 Jun 2006 @ 2:37pm
  
  Re: J.R.
  Actually I'd rather have a pointless law that holds gun shooting teens responsible for shooting that gun and makes it illegal to blame a videogame/movie/song for one's actions.
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- Carlo, 20 Jun 2006 @ 3:29pm
  
  Re: J.R.
  Before you go around calling people idiots -- these laws are written to ban people under a certain age from buying video games that carry certain ratings. This, however, is significantly different than a drinking age, because it violates the Constitutional right to free speech, as several courts have ruled.
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  - Scott, 21 Jun 2006 @ 5:56am
    
    Re: Re: J.R.
    Yep just like the laws against selling R rated movies to minors right?
    
    No Difference.
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phoenix, 20 Jun 2006 @ 2:41pm

Re: J.R.
Actually, that's a really good idea. I kinda doubt however, that we would ever get that one passed. To many people want to shift the blame elsewhere.
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Thought, 20 Jun 2006 @ 2:46pm

How about NO pointless laws?
I think we should begin a new perception on legislators. Those the take laws OFF the books are good. Career politicians pass more and more needless laws to look good.
Better yet. Term limits and parental responsiiblity!!
But that would make too much sense wouldn't it?
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Franssu, 20 Jun 2006 @ 3:21pm

Conservative mindset
In fact, conservative people don't want to think for themselves. They want their churches and their police states to do so.
They don't want to take responsibility either, because when you don't have to think, how responsible can you be ?
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General Fault, 20 Jun 2006 @ 3:57pm

RE: J.R.
@Phoenix,
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?
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I met them once at a party, 20 Jun 2006 @ 6:10pm

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.
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Andrewgates, 20 Jun 2006 @ 9:35pm

Just A Reminder: The Constitution Still Applies In
It's the parent's responsibility. Not the game industry or the government.

Rate the games. Enforce the ratings at retail. Beyond that, hands off.
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Scott, 21 Jun 2006 @ 6:04am

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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