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State Roundup: Thursday, March 30, 2006
Videogame Violence In Lawmakers' Sights
by Michael Martinez

     Federal lawmakers on Thursday examined the constitutionality of state-level measures to restrict the sale of violent and sexually explicit videogames to minors.
     The Senate Judiciary Constitution Subcommittee held a hearing on the issue. Democrats Evan Bayh of Indiana, Hillary Rodham Clinton of New York and Joseph Lieberman of Connecticut have authored a bill, S. 2126, that would establish a nationwide ban on such videogame sales. No action has been taken on the proposal.
     Videogame statutes in California, Illinois and Michigan all were overturned almost immediately on constitutional grounds. A federal judge in Detroit last week heard arguments in a case to review the preliminary injunction placed on the Michigan law last year. Several states, including Delaware, Louisiana, Minnesota, Missouri and Oklahoma are considering similar bills.
     In a statement, Kansas Republican Sam Brownback, the chairman of the subcommittee, questioned arguments made by the judges who have overturned laws.
     "What too many in the industry fail to realize is that the First Amendment right to free speech is not without limit when it comes to minors," Brownback said. "State laws restricting the access of minors to violent games do not impair adult access because these state laws aim to prevent children from purchasing the games themselves. Hopefully, requiring adults to purchase these games will force parents to think twice about what they are buying."
     Jeff Johnson, the assistant majority leader of the Minnesota House and chairman of its Law Committee, said in written testimony for the hearing that federal and state officials have a responsibility to act because the games wield significant influence over children. "[Violent games] allow kids to learn firsthand how to kill, torture, mutilate and rape in graphic detail and vivid reality," he said.
     Johnson believes his bill, H.F. 1298, will withstand legal scrutiny. He said the proposal's narrowly crafted language would only prohibit children younger than 17 from buying or renting adult videogames. The Minnesota Senate measure passed the companion bill, S.F. 0785 last year, and it now awaits House action.
     "Our little Minnesota bill puts some very minor restrictions on young children buying videogames that teach them how to kill cops, beat prostitutes to death, and torture and murder as many innocent people they find," he said. "If that small measure violates our Constitution, I'm not sure I recognize my own country anymore."
     The committee also heard testimony from Steve Strickland, the brother of one of three law enforcers murdered in Fayette, Ala., in June 2003. The families of the victims have filed a $600 million lawsuit against Take-Two Interactive, the production label behind the controversial Grand Theft Auto series. The suit blames the company's games for the officers' murders. The Alabama Supreme Court last week rejected an appeal by Take-Two Interactive to dismiss the suit.
     According to Strickland, the companies behind violent games are motivated by money and should be held accountable for authoring games that "train players to kill." "I ask that we put all the true facts on the table about how dangerous all of these murder simulation games really are," Strickland said in written testimony.

Court: Online Donors May Remain Anonymous
     A Florida appellate court has upheld a ruling to ensure the anonymity of citizens who have donated money via the Internet to fund litigation against a city in the state.
     Florida's 5th District Court of Appeal said the City of Maitland cannot receive the names of citizens who funded a lawsuit against the city through the Web site ItsOurMaitland.com. The suit aims to block the construction of Maitland Uptown West, a seven-story complex of luxury condominiums and high-end retail stores.
     The city government filed a petition to obtain information about donations made through the site, citing concerns that the litigation was being funded by competitors of the development firms contracted to build Maitland Uptown West. A lower court ruled that the contributors to the site do not have to disclose their identities.
     According to the appeals court's written opinion, the city failed to demonstrate the relevancy of the information it sought from the owners of the site.
     "The compelled disclosure of the names of citizens exercising their right to participate in the democratic process would create a chilling effect on their rights to organize and associate," the court wrote. Disclosure of contributors' identities "would subject them to possible intimidation or coercion. Finally, disclosure would likely affect the petitioners' ability to raise funds."

Maine Advances Bill To Create Anti-Porn Unit
     A Maine Senate panel on Tuesday cleared a proposal to bolster the state's ability to combat computer-related crimes.
     The Senate Criminal Justice and Public Safety Committee voted in support of a measure, L.D. 2028, that would revamp a Maine State Police Crime Laboratory office on computer crimes by adding two forensic analyst positions. Those experts would work collaboratively with the state attorney general and other law enforcement agencies.
     The additional positions would assist a task force in probing crimes involving child pornography on the Internet. The bill would direct about $300,000 to the initiative.

Arizona House Backs Radar System At Border
     A measure to install a $50 million radar system along Arizona's southern border won preliminary House passage on Tuesday.
     The proposal, S.B. 1273, would authorize the construction of a ground-based radar system integrated with surveillance cameras.
     The system would be operated by combination of state police officers, National Guard troops and U.S. Homeland Security Department officials. It would be built with state funds.
     The Senate previously passed the bill, and there is a chance that Gov. Janet Napolitano, who advocated a $100 million plan to curb illegal immigration in her State of the State address earlier this year, will support it.

2006 Archive


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