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Minnesota taxpayers foot bill for unconstitutional game law

That'll be $65,000, please

What's the price of passing laws aimed to enforce age ratings on video games? $65,000, apparently: that's the amount that Minnesota taxpayers will be handing over to the games industry in legal fees, after a state judge ruled a 2006 law unconstitutional.

Judge James M. Rosenbaum halted the implementation of the Minnesota law on First Amendment grounds, and criticized the state's lawmakers, saying: "The legislators drafting this law could not have been blind to its constitutional flaws."

The legislation -- which the Minnesota House supported 114-17 -- sought to add legal weight to the ESRB's existing age-based classification system by fining underaged purchasers of Mature and Adults Only-rated titles. Attempts in other states have concentrated on punishing retailers, and likewise have uniformly failed to withstand legal scrutiny.

Michael D. Gallagher, CEO of the Entertainment Software Association -- an industry body which represents game publishers, and will be receiving the bumper check from Minnesota's state coffers -- was unsurprisingly pleased with the news.

"Politicians need to realize that the key to protecting our children from inappropriate media content is not haphazard legislation, but rather parental education," Gallagher said in a Monday press release. "Video games have a first class ratings system supported by retailers, opinion leaders and parents. It would be a far better use of public funds to help support this system, rather than continue to pursue unconstitutional legislation that works against it."

Concerned about the games your kids play? Take control with these tips.

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Posted: 30 Jun 2008

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