Governor Kathleen Blanco of Louisiana has turned against rental sale of violent video and computer games to minors. The original bill was sponsored by Rep. Roy A. Burrell with an activist and Florida attorney Jack Thompson, who is known for his previous acts against video game industry. The "violent" content here is defined by the Miller obscenity test, which states that "whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited."
The law, signed by Blanco, takes effect immediately, but the Entertainment Software Association (ESA) will fight the law in federal court. The law, or Act 441, denies the sales of video games to minors in case,
"The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence."
"The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors."
"The game, taken as a whole, lacks serious literary, artist, political or scientific value for minors."
If retailers are caught and found guilty in terms of Act 441, the fines will be "not less than one hundred dollars nor more than two thousand dollars or imprisoned, with or without hard labor, for not more than one year, or both." The ESA has stated that the constitutional protections are violated by this law and that the law makes sure video game developers stay out of Louisiana.
Source:
Macworld
"The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence."
"The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors."
"The game, taken as a whole, lacks serious literary, artist, political or scientific value for minors."
If retailers are caught and found guilty in terms of Act 441, the fines will be "not less than one hundred dollars nor more than two thousand dollars or imprisoned, with or without hard labor, for not more than one year, or both." The ESA has stated that the constitutional protections are violated by this law and that the law makes sure video game developers stay out of Louisiana.
Source:
Macworld
