"Minnesota's citizens should be outraged at paying the bill for this flawed plan. Minnesota's public officials ignored legal precedent and instead pursued a political agenda that ultimately cost taxpayers money," said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. "Courts across the United States have ruled consistently that video games are entitled to the same First Amendment protections as other forms of art, such as music and literature."

Minnesota Pays $65,000 in Legal Fees to the Video Game Industry Taxpayers Pay for Politicians' Decision to Pursue Unconstitutional Law

JUNE 30, 2008 - Washington, DC - The Entertainment Software Association (ESA) announced today that the state of Minnesota paid $65,000 in attorney fees and expenses incurred as a result of their successful challenge to Minnesota's unconstitutional video game law. The ESA, which prevailed over similar unconstitutional laws in nine other jurisdictions, now has been awarded close to $2 million in fees and expenses spent in defending gamers, developers and publishers' First Amendment rights.

"Minnesota's citizens should be outraged at paying the bill for this flawed plan. Minnesota's public officials ignored legal precedent and instead pursued a political agenda that ultimately cost taxpayers money," said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. "Courts across the United States have ruled consistently that video games are entitled to the same First Amendment protections as other forms of art, such as music and literature."

On July 31, 2006, Judge James M. Rosenbaum, US District Court, Minnesota, issued a permanent injunction to halt implementation of a Minnesota law which sought to penalize minors for the purchase or rental of M- or AO-rated games. In his decision, Judge Rosenbaum stated that "...there is no showing whatsoever that video games, in the absence of other violent media, cause even the slightest injury to children." The Court then raised questions about the Legislature's motives in passing such an obviously unconstitutional law, stating "...several other states have tried to regulate minors' access to video games. Every effort has been stricken for violating the First Amendment....The Court will not speculate as the motives of those who launched Minnesota's nearly doomed effort to "protect" our children. Who, after all, opposes protecting children? But, the legislators drafting this law cannot have been blind to its constitutional flaws."

Gallagher said that "politicians need to realize that the key to protecting our children from inappropriate media content is not haphazard legislation, but rather parental education. Video games have a first class ratings system supported by retailers, opinion leaders and parents. It would be a far better use of public funds to help support this system, rather than continue to pursue unconstitutional legislation that works against it."

The Entertainment Software Rating Board (ESRB) assigns content ratings to computer and video games. According to the Federal Trade Commission (FTC), 80 percent of parents are aware of the ESRB system, and over 70 percent of parents use it in making their buying decisions. And, a new FTC report released last month shows that 80 percent of the agency's undercover underage shoppers were not able to buy M-rated video games, 433% above the rate measured in 2000.

The Entertainment Software Association is the U.S. association dedicated to serving the business and public affairs needs of companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the E3 Media & Business Summit, business and consumer research, federal and state government relations, First Amendment and intellectual property protection efforts. For more information, please visit www.theESA.com.

Minnesota radio station 93xRocks is holding a rather risque' contest on their popular Half-Assed Morning Show. While touring the fair twin cities of Minneapolis and St. Paul, they found this large snow penis sculpture on an unknown person's front lawn. Their morning DJ minds immediately went into overdrive and they decided to hold a contest based on the over-sized ice phallus. Contestants were asked to create their own snow penis sculpture and email it in to the radio station for a chance to win an Xbox 360. Somehow, I would think giving away a Wii for this might be slightly more appropriate, but my guess is they couldn't get their hands on one. Let's hope this contest goes a sight better than the last tragic radio show console giveaway debacle we heard about.

Something tells me that there was nothing like this in that fancy Ice Hotel McWhertor went to... Flynn De Marco

Snow Sculpture is now a CONTEST!!! [93xRocks]

We recently reported on the satisfying squashing of the latest anti-games legislation, but the villains are on their feet and itching to get back into the fray.

State Sen. Sandy Pappas, pictured at right getting her first good look at that haircut, is very upset:

The whole ruling defied common sense. I am so disappointed.

The federal court said we don't have a right to protect our children, but we protect our children from other things. We don't let them smoke or buy liquor. You score points (in video games) for how many women you rape, how many cops you kill. How could that not affect them psychologically?

If someone had told me I got points for rape and not just cop-killing, I'd have enough tickets by now that I could redeem them for that autographed hardback of The Female Eunuch I've been eyeing down at the skeeball alley.

I recently read a comment where someone asked for the Kotaku voting guide, and it looks like Game Politics has done some of our work for us. They point out that Minnesota Attorney General Mike Hatch ("[Videogames are] worthless, disgusting speech.") is running for Governor in November. So now you know who not to vote for.

But some good news comes in the form of Rep. Jeff Johnson, who co-sponsored Minnesota's legislation, admitting that perhaps lawmaking was the wrong thing to do here, and that "informing parents about game content might be a more effective approach." He's running for Attorney General, so keep an eye on him. If he's really learned something he might be a decent bet. Eliza Gauger

More here [GamePolitics]

The bottom line is that you just can't pass a law censoring video games without applying it to all other forms of media... and there's just no way that would swing.

Anyway, rest your pretty heads easy tonight. Federal District Court Judge James Rosenbaum overturned Minnesota Attorney General Mike Hatch's crazy law against violent video games, that would have fined minors who bought mature or adult oriented games. Judge Rosenbaum ruled:

The First Amendment . . . was certainly established to keep the government from becoming the arbiter of what constitutes 'worthless' or 'disgusting' speech. The Court declines the State's invitation to enter into an evaluation of this kind.

He went on to say, "There is a paucity of evidence linking the availability of video games with any harm to Minnesota's children at all." Right. The science isn't there to support it. Of course, maybe we should worry... a lack of science didn't stop anyone from passing any laws against second-hand smoking. Florian Eckhardt

Previously: Judge in Minnesota Games Case Reviews Xbox Firsthand

This is fascinating detail of a case I'm otherwise tired of hearing about: Federal District Court Judge James Rosenbaum, who is presiding over the case over a pending law in which $25 fines will be issued to underaged purchasers of M-rated games, asked a court clerk to bring an Xbox and several games into the courtroom.

The article doesn't mention which games he was playing, but GamePolitics speculates light-heartedly:

There's no word on how well Federal District Court Judge James Rosenbaum did at Jade Empire or whether he preferred Full Spectrum Warrior to Tom Clancy's Rainbow Six 3.

I would honestly be interested to know what games he played and what he thought of them, but the AP article is regrettably barren of that sort of detail, much like the vast expanse of hair-matted linoleum in the employee showers here at the Kotaku Building. I made the mistake of looking for the loofah one time. I found it cringing behind the sanitary napkin disposal canister, pewling weakly and dribbling a sort of orange mucus. Eliza gauger

More here [GamePolitics]