Massachusetts lawmakers attempt to pass unconstitutional gaming bill

Never let it be said the we pass up any opportunity to get down to the nitty gritty of the gaming industry — this is just another piece of what is becoming a hotbed of political controversy. Massachusetts lawmakers are discussing a bill today that would restrict minors from buying games deemed “too violent” by the state, on the grounds that video games are similar to pornography.

HB1423, as the bill is known, will allow states to usurp the “authority” of the ESRB and step in to prohibit retailers from selling games the state deems “too violent.” Though no suggestion of an actual alternative rating system has been outlined, the games in question are probably those currently rated “M” (mature) to “A” (adult).

The bill was drawn up by the Mayor of Boston, Thomas Menino, and our favorite mischievous two-faced lawyer Jack Thompson, according to Joystiq.

The bill suggests that games should not be included in typical media like books, music and movies (which, coincidentally, have no such state-moderated laws due to a bit of infringement on the right to free speech and whatnot), and should be classified like pornography.

What really gets the full belly laugh going is that the Mayor seems to already know that it isn’t a bill that will easily pass inspection with the courts. He encouraged law makers to find space in their budgets to fund a defense against what would be an impending attack on the bill’s conflict with the Constitution.

A bill almost identical to this failed in Utah, and it was because such moderations of media is plainly unconstitutional. There’s absolutely no logical proof that suggests that games are in any way different to movies, books, comics, or music; if those forms of media are protected under free speech, how are video games in any way different?

Consider the sexually loaded Manga Japanese comics; some graphically depict sexual acts, people getting run through by swords and the like. Though no one has gone on a ninja spree with a katana at their university doesn’t mean that the content isn’t equally if not more offensive then some of the mature-rated games on the market.

Inevitably this bill will fail, due to its blatantly unconstitutional stance. However, if the Mayor could only find a way to fit some terrorism plot or something into mature rated video games, I don’t doubt we’d see the Patriot Act claim another victim.

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