Suddenly, Indiana Video Game Legislation on Hold

February 23, 2007
Video game legislation which seemed to be sailing through the Indiana State Senate has apparently run aground.

Earlier this week GamePolitics reported that SB0238, which would have given the ESRB ratings the force of law in the Hoosier State, was approved by committee and on its way to the Senate floor.

However, the Munster Times reports that the bill, co-sponsored by Senators David Ford (R) and Vi Simpson (D, left) has been put on hold over First Amendment concerns. Ford told the newspaper that he hoped a study committee could revise the measure so as to pass constitutional muster.

Despite the setback for her bill, Simpson (left) said legislative concerns over video game violence are not going away:
Eventually we're going to have to deal with it.
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Perhaps the real reason these bills are getting stalled is that passing a known unconstitutional law opens you up to impeachment, censure, and negligence cases? Let alone the ESA successfully suing them right back, but I can't see it as anything less than a misappropriation of tax dollars.

The indictment had never been clearly expressed,
And it seemed that the Snark had begun,
And had spoken three hours, before any one guessed
What the pig was supposed to have done.
-The Jury had each formed a different view
(Long before the indictment was read),
And they all spoke at once, so that none of them knew
One word that the others had said.
-"You must know ---" said the Judge: but the Snark exclaimed "Fudge!"
That statute is obsolete quite!
Let me tell you, my friends, the whole question depends
On an ancient manorial right.
-"In the matter of Treason the pig would appear
To have aided, but scarcely abetted:
While the charge of Insolvency fails, it is clear,
If you grant the plea 'never indebted.'
-"The fact of Desertion I will not dispute;
But its guilt, as I trust, is removed
(So far as related to the costs of this suit)
By the Alibi which has been proved.
-"My poor client's fate now depends on you votes."
Here the speaker sat down in his place,
And directed the Judge to refer to his notes
And briefly to sum up the case.
-But the Judge said he never had summed up before;
So the Snark undertook it instead,
And summed it so well that it came to far more
Than the Witnesses ever had said!
-When the verdict was called for, the Jury declined,
As the word was so puzzling to spell;
But they ventured to hope that the Snark wouldn't mind
Undertaking that duty as well.
-So the Snark found the verdict, although, as it owned,
It was spent with the toils of the day:
When it said the word "GUILTY!" the Jury all groaned,
And some of them fainted away.
-Then the Snark pronounced sentence, the Judge being quite
Too nervous to utter a word:
When it rose to its feet, there was silence like night,
And the fall of a pin might be heard.
-"Transportation for life" was the sentence it gave,
"And *then* to be fined forty pound."
The Jury all cheered, though the Judge said he feared
That the phrase was not legally sound.
-But their wild exultation was suddenly checked
When the jailer informed them, with tears,
Such a sentence would have not the slightest effect,
As the pig had been dead for some years.
-The Judge left the Court, looking deeply disgusted:
But the Snark, though a little aghast,
As the lawyer to whom the defense was entrusted,
Went bellowing on to the last.

“Eventually we’re going to have to deal with it.”

Yea, your gonna have to deal with the ECA too.

It is always a good sign of things to come when, despite having plunged into the stupidest thing one can do, politicians take a second and look around at reality and see that they are not alone. At least unlike LA this state actually saw how stupid their bill was. A shame that they had pushed it through so frantically before actually taking a second to research the matter. Also, it is a shame that, unlike the Utah AG, the Indiana AG was too nutless to point out the numerous precedents and blatant unconstitutionality of the bill.

Wow, i think its a really good sign that so many bills are seeming to die in committee due to "constitutional concerns" (UT, this one, i forget the others). It shows that the long string of court rulings combined with the fear of accountability for legal costs is starting to prevail upon the saner heads in these state governments to stand up to the wacko agenda pushing nutjobs trying to ram these bills through for symbolic effect alone. Maybe this means we are finally turning the cusp a little bit and we will see more and more legislators trying to actually sit down with this issue and thing of actually constitutional ways to work WITH the industry to pass legislation that helps alleviate their baseless fears of media they dont understand.

"Eventually we’re going to have to deal with it."
deal with?? Media burning? baning the sale of media because you dislike it and thus can legislate it?

I will say this yet again you fools need to understand you can never legislate violence without adjusting law and if you adjust the law anymore this will no longer be the USA,what you can do is walk with the industry and retailers and create fines and punishments within the retail industry to keep Mature rated games out of the hands of minors.

"Eventually we’re going to have to deal with it."

youll be singing a different tune when your state is thousands of dollars poorer.

Eventually, you will die and the world will become more logical.


Thank you. Come Again,


Siftr.

"However, the Munster Times reports that the bill, co-sponsored by Senators David Ford (R) and Vi Simpson (D, left) has been put on hold over First Amendment concerns."

Oh my gosh. You mean they're not just shovelling it through as fast as possible, no matter the consequences?

Methinks they're finally starting to learn.

Maybe the study committee will be smart enough to actually LISTEN to constitutional experts this time...
-- If your wiimote goes snicker-snack, check your wrist-strap...

"Eventually we’re going to have to deal with it."

By "it", I assume Ms. Simpson is referring to that pesky "reality".

"Eventually we’re going to have to deal with it."

And you'll have to deal with legal fees when you find out, oops, violation of First Amendment, that's the end, the bill is dead!

Either way, there's no way it can pass this "constitutional muster."

'We wanted to tell everyone how to raise thie children, and we would have 'gotten away with it too if it hadn't been for that constitution!'

Personally, I'd like to thank Mr Winter of the PTC, his opinion piece in the Indianapolis Star earlier this week generated such a massively negative response online, not just from Americans in general, but a great many of the posters were in Indiana itself, which was really good to see people taking an interest. So my applause to the people of Indiana. My favourite statement was :-

"It is no exaggeration to say that video games can help create killers."

Of course it is an exaggeration. Watching a "how to do it" video is not the same as watching a "why do it" video.

As a non-member of the Parents Television Council in Indiana I am calling for the defeat of SB 238.'

I wonder if the legislators read the paper? I can't help thinking that Mr Winters, rather than helping the PTC's little crusade, probably helped prove it's arrogance all the more clearly?

"Eventually we’re going to have to deal with it."

Deal with what?
The fact that video games are a valid art form and deserve the same constitutional protection as movies/books/music?
The fact that there is no research proving that games are harmful to children?
The fact that you are out of touch with today's media to the extent that you deem it responsible for societal ills that existed long before video games did?

Or perhaps she is talking about the legal bill the state will have to pay. Money that should have gone toward schools, educating parents regarding the rating system, or toward law enforcement (ie. ACTUALLY protecting children) will go into the pockets of the video game industry's lawyers. Eventually they're going to have to deal with that.

Expected.

Not, of course, that this is a new realization to them; they've known all along, but want to have their cake and eat it. By submitting the legislation, they get the "protect the children" popularity, and for putting it on hold, they get the "respect the constitution" popularity.

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