The state of Louisiana had passed a law banning the sale of
games to minors if an "average person would conclude that they
appeal to a morbid interest in violence". It also banned the sale
of games to minors which depicted violence which was "patently
offensive" to an adult and are without artistic, political or
scientific value.
The law is the latest in a string of state laws banning games
which have been overturned by the courts. Brady ruled that banning
the games would violate the free speech rights of game producers,
retailers and players.
Brady rejected the arguments made by the pro-ban lobby that
violence in games was more dangerous because games are interactive,
which they said was more likely to encourage copycat behaviour.
"This argument has been rejected many times before," wrote
Brady.
He also said that he did not accept that the games could cause
psychological damage to minors. "The state may not restrict video
game expression merely because it dislikes the way that expression
shapes an individual's thoughts and attitudes," he said.
The disputed law included penalties of $2,000 for retailers who
sold games to minors or a year in prison, or both.
Recent cases in California, Illinois, Michigan and Minnesota
have ended in similar verdicts.
President of the Entertainment Software Association Douglas
Lowenstein criticised the passing and defending of the law. "In the
post-Katrina era, voters should be outraged that the Legislature
and governor wasted their tax dollars on this ill-fated attack on
video games," he said in a statement.
Louisiana Governor Kathleen Blanco said that the burden of
protecting children must now fall to parents. "I'm calling on all
parents to diligently monitor the video games that their children
are allowed to play," said Blanco in a statement. "If the courts
can not protect our children, then we need to do it by rejecting
the merchant of violence."
