New York Assembly makes selling M-games to minors punishable by prison | Forums

[TheGoodEd]

I'd urge any NY residents to send letters not only to your representatives in the State Assembly and Senate, but to Governor Spitzer as well.

I'm not too concerned by either bill (and A08696's severability clause is made moot by the fact that EVERYTHING in the bill would be deemed unconstitutional). Still, this is a huge waste of time and taxpayer dollars-- let your reps know you're not amused (though please do so in a civil way)...

[seductivpancake]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by TheGoodEd:
I'd urge any NY residents to send letters not only to your representatives in the State Assembly and Senate, but to Governor Spitzer as well.

I'm not too concerned by either bill (and A08696's severability clause is made moot by the fact that EVERYTHING in the bill would be deemed unconstitutional). Still, this is a huge waste of time and taxpayer dollars-- let your reps know you're not amused (though please do so in a civil way)... </div></BLOCKQUOTE>
Well I'm generally not concern, because it won't pass. The punishment sounds a bit fascist to me, but if you want Ed I'll write them a letter just give me an address.

[teamsharkie]

At first I couldn't care less since this wouldn't affect me. But then when Ed mentioned costing taxpayer dollars, that pissed me off. Besides, even if this passed do they really think this would prevent kids from getting their hands on M rated games? Heck, my brother's 12 and I would probably just buy the game for him if he wanted it.

[ERRRskate151]

I think the notion of turning some store clerk into a criminal for selling a product that is 100% legal is laugh worthy in itself.

[RadicalX]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ERRR151:
I think the notion of turning some store clerk into a criminal for selling a product that is 100% legal is laugh worthy in itself. </div></BLOCKQUOTE>

Not necessarily. You can get into some big trouble for selling cigarettes or alcohol to minors. It's not without precedent to institute such a practice. Within my lifetime, it was acceptable to sell cigarettes to minors. There's nothing to stop them from doing the same thing to M-Rated games. However, this law is too harsh. Fines, maybe. Prison time? No.

I think this should be the responsibility of parents, but since parents seem to no longer be capable of handling this responsibility, or any responsibility for that matter, perhaps moves like this are appropriate.

People will argue that smoking is a health issue, and can damage the bodies of young people. The same could be said of M-Rated games. The way it is being presented is as a health issue, something that damages the minds of young people.

I'm just frustrated with my fellow parents these days. They seem to have no idea what their kids are doing, nor do they seem to care much. Or they care TOO much. But that's another discussion entirely.

[Brimtown]

There are other aspects of this bill that are troubling.

1. It requires new gaming consoles to have parental control features. This is somewhat moot as Sony, MS, and Nintendo already have these features. But the notion that individual states can tell console manufacturers how to design their consoles is ridiculous. What if they decide that the existing measures aren't strict enough, then what?

2. It establishes a governmental agency for the sole purpose of evaluating the ESRB ratings, looking for "depraved violence and indecent images." Do you really want people like Jack Thompson deciding what is "depraved"? The nutjob already thinks that the DC sniper actually learned how to shoot by playing Halo.

[mmubaldi]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">There's nothing to stop them from doing the same thing to M-Rated games. </div></BLOCKQUOTE>A comparison can't be made. Cigarettes and alcohol are strictly interstate commerce, therefore subject to federal control through Articles I and IV of the Constitution. Video games are creative works, have been recognized as such by courts, and therefore generally remain protected speech under the First Amendment.

It is possible, as per Ginsberg v. New York, to prohibit sale to minors only of works that are, following the decision in Miller v. California, obscene, and thus unprotected speech. Every state legislature attempting to proscribe sale of M-rated games, however, has done so in a way that precedent would hold as overbroad, and therefore unconstitutional.

[Brimtown]

By way of comparison, R-rated movies mean "no admittance without parent or guardian". I've always figured it was up to each individual theater or chain to determine its policy on this. Most that I know of are pretty strict on this. But as far as I know, you can't be arrested for letting an unaccompanied 12-yr old in to watch Hostel 2 or any other movie that could be considered to feature 'depraved violence'.

[mmubaldi]

Brim &#8212 that's because there isn't any legal standing to the rules. Film ratings were established, and are maintained, by the Motion Picture Association of America.

Edit: Pardon me if you were making a very subtle joke.

[ERRRskate151]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
Not necessarily. You can get into some big trouble for selling cigarettes or alcohol to minors. It's not without precedent to institute such a practice. </div></BLOCKQUOTE>

You're 100% right in this respect, though when I think of Games (what I meant when I said "product") cigarettes and booze don't even come to mind, so I guess that was my mistake.