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Minnesota game law defeated in federal court

by Joshua Mallory on Mar 19, 2008 at 06:41 AM

gamertell lollipop gavelsMinnesota is another state in a long series that has passed video game legislation only to have it mercilessly beaten down by the US court system. The Minnesota law was a little unusual in that it would have fined game purchasers rather than retailers. Children age seventeen or younger trying to buy a Mature-rated video game (or an Adults Only game, if you can find a store that sells them) would face a $25 fine for the transgression. 

It was struck down first by a US District Court judge back in July 2006, then finished off for good by a Federal Appeals Court in March 2008.

Interestingly, the District Court struck down the law because it violated First Amendment free speech rights.  The Federal Appeals Court, upholding the decision, also found that the state couldn’t prove violent games are harmful to children.  However, the judges did seem to be inviting proof.  The court opinion read, in part, “Whatever our intuitive (dare we say commonsense) feelings regarding the effect of violent video games, precedent requires undeniable proof that such violence causes psychological dysfunction.”

Hopefully, as time passes, the bogeyman of video game violence will go the same way as the bogeymen of rock music, superhero comics, and slapstick cartoons. and parents will use “common sense” to guide their children.

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