Parental Advisory
A lot of parents are probably cheering Illinois Gov. Rod Blagojevich’s announcement earlier this month that he will introduce legislation to ban the sale, distribution and rental of violent and sexually explicit video games to their children. What conscientious mom or dad isn’t enraged when walking the aisles of electronics store?
Take “Painkiller,” one of this season’s computer game offerings, which invites you to “blast your way through 24 levels of mayhem.” Or “Leisure Suit Larry,” in which players “help Larry earn a BA in T & A.” Or the perennially hyperviolent “Grand Theft Auto” series. Last year, the computer video game industry raked in $10 billion, rivaling Hollywood box office numbers. But despite all the gore and raunch selling so spectacularly, Blagojevich’s well-intentioned proposal will deservedly meet the same end as laws passed in Indianapolis, St. Louis and Washington state -- a judicial thumbs down. All these laws would have barred sales to minors, but all were ruled unconstitutional under the 1st Amendment. Bookstores can’t be required by law to card teens who want to buy a copy of “Lolita” or even Hustler, and as disgusting as the “Doom 3” game is (in which a Marine battles zombies amid mutilated bodies with human screams echoing), the constitutional problem is the same.
There is no question that banning the sale of some items to minors, such as cigarettes, serves a public interest. But tobacco consumption is not protected by the 1st Amendment. And although Blagojevich’s proposed legislation might have some effect on game sales and rentals, stores that have adopted voluntary restrictions have seen “older buddies” -- and all too often parents -- buying mature-rated video games for a kid who’s been turned away.
It’s always tempting to chisel away at the 1st Amendment when confronted with offensive material, but Blagojevich’s proposal, as a legal matter, is a nonstarter. Of course, as a political matter, give Blagojevich points for being a Democrat positioning himself as a defender of family values. And he has touched upon a legitimate concern. The answer here is not a law but a reminder to parents that they need to take responsibility for the games their kids play.
