
In an
interview with a public radio station in Salt Lake City, Utah Attorney General Mark Shurtleff (left, holding the PS2 controller) has expressed concern about video game legislation currently before the state's legislature.
As
previously reported by
GamePolitics,
HB50 is a Jack Thompson-drafted bill which seeks to classify violent video games as harmful to minors in the same manner as pornography. The measure is sponsored by Rep. Scott Wyatt (R).
Shurtleff told radio station KCPW he regretted the legislature's decision to do away with warnings which previously alerted members to constitutional concerns regarding bills under consideration.
It concerns me because my office has to defend (such bills).
Shurtleff, who
publicly endorsed the ESRB system last year, cited Wyatt's video game bill as one which would almost certainly be lost in court and would cost Utah hundreds of thousands of dollars in legal expenses in the process.
I know some legislators are saying "Well it's worth it," and I say why's it worth it if we're going to lose? If you want to emphasize or put money toward something, let's do education. Teach parents what to look out for with video games. And maybe that's a better way to handle it than to legislate this issue.
Comments
^^^Best ideas yet.
Ah get the Supreme Court to say once and for all that these kinds of bills are irresponsible and damaging to the publics best interest?
*looks* Oh heck, you're right, my bad. Thanks for straightening me out. ^_^
@monte'
All I can think of is, if he honestly doesn't want it there, he might not fight with everything. Heart ain't in the fight, then it's an uphill battle you don't want to win.
I feel like if they had something like that to show to the public, it would be a messy debate. But I think people would really see what these people are like. They would see the politicians scrambling and panicking. They would see that all the politicians ever had as a weapon was simply the fact that most people don't know the facts about how harmful games are to minors. I think people would see how that all of this is not only a huge waste of time and money, it's detrimental to our country. It really is. There's a million problems out there that deserve our attention and gaming's effect on minors isn't one of em.
Yeah, here's my thinking on the age restrictions:
These guys are assuming a 9 year old boy is going to walk into a video game store with no parents and buy a $50 game with money that they somehow magically have.
In what world do parents give kids that shouldn't be wandering about unsupervised anyway money without knowing exactly what it's going to?
And as far as older minors: I don't know about you all, but I took sex ed when I was 12. So did everyone else in my state. And we watched Roots the same year. You all remember the scene where Kunta-Kinte gets his foot chopped off with an axe, right? Well, I only attacked 3 or 4 black guys with axes after seeing that, but the ritalin cleared that right up.
"Course, if I were in charge, I’d probably support the selling of just about anything to minors, including other minors."
I agree with you for the most part. Personally, I happen find age limits and age restrcitions in general way too arbitary as well as discriminory. Esspecially when it comes to older minors and teenagers. Young children like those in the single digits are a different matter though.
Off topic, I'm also registered to vote, if anyone's interested.
Sounds like a nice set up for a copout excuse from the bill's main drafter/supporter when the bill eventually fails.....
Here's a good example of what I like in an administrator. Somebody who has values and a sense of morality, but also knows what's constitutionally right, and is willing to defend both. He's not just a talking head, he's a real person with a rational opinion. Props to him. His sanity is a breath of fresh air among the growing smog of politics.
I add my salute.
How the AG feels about the law does not matter. Whether or not he thinks it can pass he MUST fight for the law should it get passed and get challanged in court. When JT talks about people fighting for the bill he is mostly talking about sponcers and supporters, bascially everyone who would behind the AG, the guy who winds up stuck on the frontlines and has to deal with their mess.
What we really need is a bill that makes the bill sponsors personally responsible for the costs caused by defending bills known to be unconstitutional before passing them. When the poliwhore knows he's gonna get hit by a $100K bill in 6 months, I can guarantee you, these baby-hugger efforts will stop right there.
Well to those I say, how is it worth it? The bills are very likely to fail and if you are Really serious about this why not go to a judge or something and ask him if he thinks the bill is constitutional or not (do not ask jack thompson or any other lawyer what they think because ultimately it will be a judge who determines the decision not the lawyers), or try something very specific like say . . . torture or something instead of the failed games as porn approach.
I wholeheartedly agree.
You might be thinking of the Mass. bill. However, despite claims that 12 representatives and several State Senators are supposed to sign on to it, as far as is know it still does not have a sponsor. And as someone here pointed out earlier, if it doesn't have a sponsor, its DOA.
Shurtleff is in a tough position. On the one hand, he's responsible for defending the law, because it's not his place to decide if it's unconstitutional or not (that's the court's job). So there's clearly a conflict. He knows it's unconstitutional, but he has to defend it in court, to the best of his abilities.
It'll be an interesting task for the judge to handle. Does he recluse the AG for being asked to defend a law he doesn't believe in? Or does he take it under consideration that the AG doesn't believe the law will stand up to scrutiny?
*Total number of salutes thus far = 3*
But he also believes that it's a matter for education, not legislation. He knows you can't just legislate away freedom of speech for the sake of convenience.
Does this man have any authority to cut down this law before it even gets to court? Or is it possible that he could appeal for it to be abandoned on the grounds that it will be a waste of money?
If not him, then could the sponsors of the bill be contacted and informed that their own Attorney General, who will be defending the bill has no confidence in it's passing constitutional muster?
This is good progress in that people are starting to see these bills for the waste of time and money they are. Now all we need is legislators and politicians not being afraid to put aside these bills on the grounds that "If I was against this bill, my opponents would say that I am not protecting children".
Mark Shurtleff, I salute you!
When so many legislators are more interested in supporting bills they know to be unconstitutional for no reason other than posturing, this gentleman earns bonus points for going against the grain and being genuinely responsible.
Also, the bit about doing away with constitutional notes is disturbing to say the least...
Is that just for HB50, or are they doing that for all bills? I REALLY hope they don't plan to rubber-stamp bills en masse without knowing if they will survive constitutional muster.