Minnesota Appealing Video Game Law Ruling

April 11, 2008 -

The state of Minnesota has filed an appeal of a recent 8th Circuit Court decision which invalidated its 2006 "fine the buyer" video game law.

Perhaps more than any previous case, the unusual Minnesota law, which would fine underage buyers of violent games $25, has a chance to beat the video game industry's legal challenges.

As previously reported on GamePolitics, the Minnesota statute was signed into law by Gov. Tim Pawlenty (R) on June 1st, 2006. The game industry immediately filed suit to block its implementation on constitutional grounds.

Eight weeks later a U.S. District Court judge ruled that the law was unconstitutional. Then-Minnesota Attorney General Mike Hatch (D) filed an appeal.

In February, 2007 a three-judge panel of the 8th Circuit heard arguments in the case. As GamePolitics reported at the time, audio of the hearing revealed the panel to be skeptical of some game industry arguments.

Last month the 8th Circuit issued its finding that the law was unconstitutional. But, as we noted in our coverage, the Court expressed a certain degree of sympathy for Minnesota's position, accepting research put forth by the state to a degree that no previous court has:
 

We believe that the State’s evidence provides substantial support for its contention that violent video games have a deleterious effect upon the psychological well-being of minors...

We are not as dismissive of that evidence as have been some of the courts that have found similar evidence to be inadequate to establish the causal link between exposure to violent video games and subsequent behavior.


Because the three-judge panel was bound by a prior 8th Circuit ruling in the 2003 IDSA vs. St. Louis County case, there was never really a doubt that they would find in favor of the video game industry. However the opinion written by Judge Wolman could be viewed as inviting the state to appeal en banc. If that were to occur, the case would be re-argued before the full 8th Circuit as opposed to a three-judge panel. This might be an attractive strategy for the state because only an en banc decision could reverse the earlier IDSA vs. St. Louis ruling.

Indeed, this process is already underway. We note that the Media Coalition's tracking of the case indicates that Minnesota Attorney General Lori Swanson (D, pictured) filed a petition for an en banc hearing on March 28th. This excerpt is taken from the state's en banc request:
 

The panel [stated] that it was bound by the precedent set by another panel of the Court in [IDSA] v. St. Louis County... Nevertheless, the panel questioned the analysis of the [IDSA] decision. (stating that [IDSA's] “requirement of such a high level of proof may reflect a refined estrangement from reality, but apply it we must”).

Because of the importance of the issue of whether the State can lawfully restrict minors’ access to extremely violent and patently offensive video games, this case should be considered by the entire Court.


The video game industry has until April 21st to respond the Minnesota's petition for an en banc hearing.  

In related news, the video game industry is seeking to recover $60,458.91 in legal fees from Minnesota, but A.G. Swanson has filed a motion to delay any action on that request while the en banc issue is resolved.

The bottom line?

Don't count Minnesota's video game law out just yet.

Comments

[...] The video link contained in the article will give you access to the testimony; however, I ask you: is society frightened with the entry of a new medium of entertainment, especially one that has managed in many ways to outpace the established norm? This question is especially important considering this latest attempt by legislatures to limit video games. [...]

[...] The video link contained in the article will give you access to the testimony; however, I ask you: is society frightened with the entry of a new medium of entertainment, especially one that has managed in many ways to outpace the established norm? This question is especially important considering this latest attempt by legislatures to limit video games. [...]

I can't believe you people. I am a 16 year old kid. I love violent video games OK. But People my age should not be playing grand theft auto and going around killing people for fun. You can not tell me that someone who finds it fun to kill lifelike people haven't ever thought about doing it in real life. There is a reason we have people to rate games as M. So people know that it is acceptable for people of only 18 to play them. I know people think this is stupid but it is the same thing as movie ratings. Are you saying that 15 year olds shoulf be seeing R rated movies with no rastrictions. Everyone who thinks this is unconstitutional should seriously think about what they are saying. Havent we banned nudity from TV. Is that unconstitutional. You people are all just a bunch of little Cry babies.
 
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MechaTama31AE: Probably snarky commentary on this: http://www.gamepolitics.com/2014/08/29/principle-player-leland-yee-arms-trading-case-dies08/30/2014 - 8:43pm
Andrew EisenConster - Don't know. Got a link to whatever you're referring to?08/30/2014 - 7:04pm
ConsterWait, what's this about Leland Yee eliminating witnesses?08/30/2014 - 5:50pm
IanCBroke my EA boycott to pick up Plants vs Zombies Garden Warfare. Loving it. Still hate EA though. But i like Popcap. Gah.08/30/2014 - 6:01am
MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
 

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