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Judge nixes Minnesota game law

Measure to fine minors for buying M-rated games declared unconstitutional; federal judge cites lack of evidence showing games are harmful.

Another proposed bill to restrict the rental or sale of games to minors has been stricken down today. US chief district judge James M. Rosenbaum upheld a suit filed by the Entertainment Software Association and Entertainment Merchants Association to block a Minnesota law today, deeming it unconstitutional.

In May, Minnesota governor Tim Pawlenty signed into law a bill that would fine minors $25 for purchasing or renting games rated M for Mature or AO for Adults Only and required retailers to post appropriate signage detailing the law in stores, much like alcohol warnings in liquor stores. The law was scheduled to go into effect tomorrow until today's ruling shot it down.

Like other game laws that were blocked before it, Judge Rosenbaum said the Minnesota law invalidly violates the First Amendment, which protects games as a form of free speech.

The state argued that the law would protect "the psychological well-being of minors" and foster "children's moral and ethical development." However, the judge's decision stated that the state failed to provide "empirical support for its belief that 'violent' video games cause psychological harm to minors."

56 Comments

  • bulletsword

    Posted Nov 11, 2006 12:49 pm GMT

    they just said it was Struck Down, so this law ain't happening. I'm from minnesota too, and FREE SPEECH RULES! Don't worry kids. There's plenty of GTA for all of you. Just walk in, give the cashier guy a couple of bucks, walk out, and enjoy.

  • reallycool

    Posted Aug 29, 2006 6:51 pm GMT

    Im from minnesota and if they past this law, i would probably die. Free Speech RULES!

  • chicken_dude_05

    Posted Aug 29, 2006 11:42 am GMT

    Well I'm from Minnesota so i wont be able to buy M or AO games. Not that i would....
    Well, it sounds like a good law.

  • Scorpion16

    Posted Aug 3, 2006 10:20 pm GMT

    I hear the next generation of consoles(PS3 and Wii) will have parental controls on them similar to what's already on the Xbox and Xbox 360. I think that is the best way to deal with this because with that, the retailers selling them to kids won't even be an issue because the kid won't be able to play it. But this is still great news and it shows how well our judicial system works.

  • hemakm3

    Posted Aug 2, 2006 2:09 pm GMT

    Good.

  • Koovaps

    Posted Aug 1, 2006 8:15 pm GMT

    As many times as stories like this come up, I am unable to see how these laws infringe on the first amendment. Clearly they do, or so many judges wouldn't strike them down, but I personally have no problem with keeping M and AO rated games out of minors hands. Am I really the only fool that reads these idiotic ramblings on these boards that thinks this way? Oh well, who gives a crap anyway. At least I'll have fun reading the responses to this message.

  • Evanrocknuma

    Posted Aug 1, 2006 6:55 pm GMT

    READ THIS. I have heard that Hilary clinton is either going to run for presidant or help someone else get to be presidant of the us next election. This is BAD because she is going to try to ban all video games from even being sold in public stores! Tell your parents not to vote for her or whoever she may help get into office. She has no right to do this it goes against the constitution. She wants to use her respect as the first female presidant to get ppl to agree to the madness of banning video games. This isnt just a rumor i read it in a gameinformer magazine. POST THIS EVERYWHERE YOU CAN TO HELP STOP THIS INSANITY!! HIGHLIGHT IT AND RIGHT CLICK AND PRESS COPY THEN PAST IT ON WEBSITED YOU KNOW OF THE EVIL HILARY CLINTON MUST BE STOPPED!

  • Strag3n

    Posted Aug 1, 2006 10:49 am GMT

    good, so that means we dont need it in oklahoma either. i want me that dead rising!

  • Rec-neps

    Posted Aug 1, 2006 10:08 am GMT

    Great News, maybe they can stop the game law in Oklahoma

  • jimbo102671

    Posted Aug 1, 2006 8:38 am GMT

    (singing "Another one bites the dust.")

  • bcfish

    Posted Aug 1, 2006 7:11 am GMT

    Whoo-hoo! USA! USA! USA! USA! The system CAN work!

  • InfectX

    Posted Aug 1, 2006 6:14 am GMT

    Unfortunately, it may only be a matter of time before they DO start citing "evidence" that prevents judges from declaring these laws unconstitutional.

  • Autolycus

    Posted Aug 1, 2006 5:33 am GMT

    no state or goverment official is above the law and this exactly why we have a court system

  • rvinsc

    Posted Aug 1, 2006 5:20 am GMT

    Good for them.

  • Sundemann

    Posted Aug 1, 2006 4:45 am GMT

    give the guy a raise!

  • wemhim

    Posted Aug 1, 2006 2:39 am GMT

    I like that judge, some judges wouldn't be like that, they would be bias, like most people, but he speaks the truth.

  • MC_Hammerty

    Posted Jul 31, 2006 11:09 pm GMT

    Mad props go to the Gamespot staff on using a screen from Fargo for the picture.

    ...I can't beleive I said "mad props"...

  • -the_mole-

    Posted Jul 31, 2006 9:08 pm GMT

    this one isn't really that bad...i am worried about the oklahoma law...especially since my mom and i play m games together, like unreal...

  • Dirk13

    Posted Jul 31, 2006 8:16 pm GMT

    and that's why Minnesota rocks. As one of the few midwestern states that actually voted blue during the 2000, and especially the very sad to watch 2004 elections, it's a very progressive metropolitan place.

  • the_real_VIP

    Posted Jul 31, 2006 7:34 pm GMT

    Most judges are better at judging situations than politicians. They know what is the meaning of common sense and logic.

  • LordPoncho

    Posted Jul 31, 2006 5:54 pm GMT

    funny thing is, i'm 16, and live in minnesota, and got away with buying an m-rated game the other day lol

  • Valen_Ca

    Posted Jul 31, 2006 5:54 pm GMT

    Here is what I don't get about this whole bill, why are they issuing fines to the people buying the games? Were they issuing fines to the retailers as well? If they weren't that would be like arresting a fence for purchasing "aquired" merchandise right in front of the person that did the "aquiring" and then just letting said person go about their business?
    I had a better (funnier actually) comparison but it got censored.

  • leviathanwing

    Posted Jul 31, 2006 5:49 pm GMT

    sheesh, what will the government think to do next, tap our phones? monitor our internet activity? follow our credit transactions?... oh, wait a minute... atleast they need court order and a warrant... oh, wait...

  • Baller_023

    Posted Jul 31, 2006 5:36 pm GMT

    oh thank god!!! I live in minnesota and this is amazingly great news for me and all my fellow minnesotan gamers, and yes it is unconstitionunal =)

  • Gamer2174

    Posted Jul 31, 2006 5:33 pm GMT

    A great day for gamers in Minnesota

  • HyruleanLink

    Posted Jul 31, 2006 5:32 pm GMT

    That judge got them good!

  • ketsuatama

    Posted Jul 31, 2006 5:25 pm GMT

    At last a blow against Big Brother laws! Go, Judge R!

  • Beltbite

    Posted Jul 31, 2006 5:21 pm GMT

    Good

  • VegetaMaelstrom

    Posted Jul 31, 2006 5:11 pm GMT

    If this bill went into effect then I am sure some kids would have just said "Ok, $50 for the game and $25 for the fine. Mom I'm going to the store and I need $75 for a game." Mom hands over the cash to the kid. Nothing solved.

  • Spongemario

    Posted Jul 31, 2006 5:09 pm GMT

    Good, now I can pick up GTA:LCS.

  • Metron4

    Posted Jul 31, 2006 4:41 pm GMT

    I saw what you did there.

  • umbrae

    Posted Jul 31, 2006 4:22 pm GMT

    Your Minnesota state dollars at work... :/

  • 3000s

    Posted Jul 31, 2006 4:20 pm GMT

    Thats right! We the gamers will win against the infedels. :-)

  • jonnyjd

    Posted Jul 31, 2006 4:20 pm GMT

    This was really a dumb idea to begin with. I never got a clear picture of how this would be enforced.

    I was imagining that a minor goes to a store to pick up GTA:SA. He pays his money and is about to leave. The clerk, after closing the cash drawer starts to ring him up again. Before the kid can take a step, the clerk says, "And that will be $25 because you just broke a law."

    Or (another scenario) there would be a second register at the entrance that would then verify age. As the kid leaves, he is rung out again, handed a receipt that lists "You're a minor and you just broke a law: $25" which he has to pay before he leaves.

    Watch out if the kid makes a break for it. S.W.A.T. is on standby.

  • Belegorm

    Posted Jul 31, 2006 4:08 pm GMT

    Cool.

  • Xendercide

    Posted Jul 31, 2006 3:55 pm GMT

    Ah good old Judicial branch doin' its job once again. Should start writin' to these guys to thank them.

  • SOLIDUS_SNAKE

    Posted Jul 31, 2006 3:51 pm GMT

    great news! not that it makes a difference cause i dont live in minnesota

  • SteveTwo

    Posted Jul 31, 2006 3:40 pm GMT

    IPPON!

  • ivan_the_one

    Posted Jul 31, 2006 3:30 pm GMT

    flawless vicotory for gaming......^_^

  • bacomonk

    Posted Jul 31, 2006 3:29 pm GMT

    Too bad the game industry won't win in New York.

    Maybe I should move to Michigan

  • EihBeir

    Posted Jul 31, 2006 3:29 pm GMT

    Woohoo! Go Rosie!

  • Paul_TheGreat

    Posted Jul 31, 2006 3:24 pm GMT

    Eat that Jack Thompson.

  • Sam_Lowery

    Posted Jul 31, 2006 3:20 pm GMT

    I love it.

  • deathknight107

    Posted Jul 31, 2006 3:18 pm GMT

    It's a friggin $25 fine. If parents are too stupid to do their jobs then let the law go into effect its not like its going to kill anyone.

  • gamer_10001

    Posted Jul 31, 2006 3:16 pm GMT

    Yeah!

  • deadlyassassin_

    Posted Jul 31, 2006 3:09 pm GMT

    Didnt really matter for me. even if it went into affect ill be 17 in 3 weeks..

  • demollyon

    Posted Jul 31, 2006 3:07 pm GMT

    Eat that! Censorship must die

  • darkfox101

    Posted Jul 31, 2006 3:03 pm GMT

    Let our parents do the jobs.. they can read ratings too .. stop wasting your time and go make your own babies to push around

  • DarknessOfFate1

    Posted Jul 31, 2006 3:03 pm GMT

    Owned. Free speech rules.

  • Supermodified

    Posted Jul 31, 2006 2:59 pm GMT

    All of the laws passed recently are just political fodder for a campaign race. The people writing these laws (if they had spoken with a Constitutional scholar) would have known they would have been trashed by the higher courts at some point. I think they DO KNOW THIS, and don't care anyway. "Vote for me: I think of the children!"

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