[quote name='javeryh'][quote name='Cornfedwb'][quote name='javeryh'][quote name='ZForce']Personally, if a nationwide, government run enforcement on the sale of M Rated games is what it takes to get the likes of Joe Lieberman to quit blubbering about the horrors of video games, then I'm all for it. I'm 25, so it's not like it'd affect me in any way.[/quote]
No, no, no. Video games are a form of ENTERTAINMENT much like music, movies and books. No one is screaming to send people to jail over a 16-year-old sneaking in to see Old School. Should there be regulations? Probably, but they are in place already. This is first amendment territory and the proposed laws will never withstand constitutional scrutiny. It may pass now but the first time someone gets prosecuted I can guarantee that the law gets struck down. God I hate people who advocate the elimination of basic freedoms that we have which make this country (USA) so great. Assholes.
EDIT: this is directed to the law makers, not the person I'm quoting. I quoted it because I don't think just because it doesn't affect you it doesn't matter. Sorry.[/quote]
Exactly which basic freedom do you think grants the right for a retailer to sell a graphically violent or sexual piece of media to a minor? Its been found to be legal to restrict porn to non-minors, to restrict R and above rated movies to non-minors, and more.
First off, as a minor you do not have all of the rights inherent in the Constitution, without question. Secondly, nothing gives anyone, any right to purchase a product. The only right you could possibly fall back on is the right to freedom of speech on the part of the developers of the game.. however, that right only extends so far as to not cause damage to other individuals (this is why its illegal to yell fire in a crowded theatre, or why its illegal to incite a riot, or why its legal to ban minors from viewing, renting or purchasing an R rated movie.
This should have been in affect long ago. There is no need for a young child to be viewing games like Manhunt, GTA, The Guy Game or Liesure Suit Larry. And it most definitely would not be struck down in an appeals court.[/quote]
The law will be struck down as void for vagueness. There's just no way to write it comprehensively so it can be interpreted in the same way by everyone who reads it. It has been attempted before with other forms of speech and the law always fails. It is not Illinois place to determine what is "excessively violent" to each individual person because it will vary from person to person. I understand theat the Constitution does not apply in the same way to minors but the fact is that this law would have a chilling effect on free speech and the courts will not uphold it.
The freedoms I was referring to was not a minor's right to buy the games but rather the game creator's right of expression. Why do you think there are not similar laws in effect for movies, music and books (which I firmly believe can affect a child 10 times more than playing any video game could)? And yes, you could argue that the game designers could still make the games but just not sell them to kids. However, that argument will ultimately fail because even though on it's face the law would not be banning the games outright, the secondary effect of the law will mean that these types of games will no longer be made. Retailers will eventually not carry them because the risk of jail/criminal offense is too great.
I'm not saying that regulations such as the kind in place now (i.e. small fines) are not going to withhold constitutional scrutiny but making it a criminal offense that carries jail time will never be upheld.[/quote]
You seem to be convinced that this law is censoring the games. That would be against the law. But it is only restricting the sale, which as Cornfedwb has said in more words than I wish to write here is perfectly legal.