Alright Shift Key, I want to tell you, I'm rarely sarcastic. So if I ask a question, I'm authentically asking one. Under what circumstances would they be unconstitutional exactly? Free speech? I doubt it wouldn't work in ALL states. Second, If they are unconstitutional, how are they any more constitutional at the federal level? In fact they are LESS constitutional at the federal level.
Freedom of speech is the most common one I have seen, but here's a few recent cases summarized:
Minnesota - legislated in mid-2006, the law would fine underage people who purchased the game $25. Immediately taken to court by the ESA. Thrown out a couple of months later under first amendment laws and lack of evidence that violent games harm children. The verdict has been appealed but upheld(as recently as March of this year).
Reference:
http://gamepolitics.livejournal.com/331688.html#cutid1California - legislated in late-2005, the law concerned "certain violent video games" be labeled and prohibit access to these games by minors. it was appealed immediately and an injunction blocked the law from being enacted while the case was before the court. It was defeated in court due to vague interpretations and freedom of speech. It is ongoing in the courts.
Reference:
http://gamepolitics.com/2007/08/06/breaking-california-2005-video-game-law-ruled-unconstitutional/Arizona - legislated earlier this year, this law assigned liability to content producers and distributors for damages if it has been deemed to be "dangerous" and motivated someone to commit a crime. It was blocked by a Senate committee on the grounds that it was too broad and may have unintended consequences.
Reference:
http://gamepolitics.com/2008/04/08/arizona-state-senate-rejects-dangerous-media-content-bill/In all honesty, if it falls under free speech then we let it slide, and use social and community concern to solve the problem. Mostly through education. Education on separate subjects on social concern IS constitutional WITHOUT the DOE(unless the school can go without DOE funding). This is because protection of liberties is the highest priority. Just because it got hard to protect free speech doesn't mean we should regulate it.
I should have stated my viewpoint more clearly regarding state and federal lawmaking before attacking your viewpoint.
I don't believe any level government should hold the power to censor information or content. I believe the best solution to the video game legislation problem is better education and a greater understanding of how video games affect the player (both good and bad), rather than simply legislating on a "gut feeling".
Much research has been done without getting a clear picture of this (I laughed at an article last week which claimed that
"Boys who don't play videogames at all are at greater risk of getting into trouble than those who play violent games occasionally" ) but I think with time - and making better use of past research- the picture should get clearer.
Beer time.