The video game industry has filed a lawsuit in federal court to overturn a new Louisiana bill that prohibits the sale and rental of violent games to minors, claiming it violates free speech and freedom of expression.
Signed into law last week by Louisiana Governor Kathleen Blanco, the bill makes it illegal to sell, lease, or rent to anyone under 18 in Louisiana "material harmful to minors" -- or, in other words, "violent" video games.
According to the complaint filed by the Entertainment Software Association in the U.S. District Court for the Middle District of Louisiana, the bill violates the First Amendment.
String of Suits
The lawsuit is among a string of similar suits that have been filed in other states, including in California, Washington, Illinois, and Michigan.
Louisiana Attorney General Charles C. Foti, Jr., declined to comment on the pending lawsuit.
The governor's office noted the reason Blanco signed the bill in the first place. "The legislature felt strongly about [the act] and [it] was approved with overwhelming support," said Roderick Hawkins, deputy press secretary for Blanco. "It's a way to help protect our children."
The ESA, which consists of members that include Microsoft , Nintendo, and Sony, is confident that the bill will be found unconstitutional.
"This bill is an unnecessary effort," said Doug Lowenstein, president of the ESA, in a statement. "Legislators know full well that this bill is destined to meet the same fate as other failed efforts to ban video game sales."
Over and Over
A more effective, constitutionally sound way, Lowenstein said, would be for the industry, retailers, and the government to educate parents about ESRB ratings and content descriptors as well as the parental controls available in next-generation gaming consoles.
Kurt Opsahl, an attorney at the nonprofit Electronic Frontier Foundation and not involved in the current suit, pointed out that state legislatures will often pass violent video game bills that the ESA ends up challenging.
"It happens time and time again," Opsahl said. "You wonder why the state legislatures keep passing these bills when they routinely keep being struck down each time."
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