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Boston Goes After Games

Menino: Ban violent vid games for kids on BostonHerald has word that Boston is attempting to crack down on the sale of violent games to teens, the latest locale to introduce the same type of legislation that's been struck down on constitutional grounds in other cities and states repeatedly in the past few years. Word is Boston Mayor Thomas M. Menino is pushing for laws to crack down on the sales of some games to minors, a plan described by an aide like this: "Is it going to be an uphill battle? Sure. But itís absolutely a battle that the mayor feels he should take on."

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27. Re: No subject Mar 17, 2008, 15:13 Pumas
 
Again, maybe I'm missing something here, but isn't that test inherently flawed? The first condition - "Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest" - is dependent on a particular community at a particular time. How can any determination be made on a national level when two people from vastly different communities would disagree on what is offensive? For example, someone from Seattle is almost certainly not going to be offended by the same things as someone from the deep south somewhere. Also, five years later that same community might find something no longer offensive.

I don't know...is your interpretation of "inherently flawed" more well informed than that of the Supreme Court justices of the United States?

The community clause is in there because the State decides what is obscene, not the Fed. Which is why it is not unconstitutional for Texas to outlaw goat porn while Tennessee allows it (that's pure bullshit on my part...it was a hypothetical situation). The Fed determines constitutionality of laws, but the States regulate obscenity. If a State were to legislate something as obscene, and the Fed found that law to be unconstitutional...Fed trumps State. BTW, "prurient" is generally defined as sexual. I don't see too many M rated sex oriented video games


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This comment was edited on Mar 17, 15:17.
 
How will I know limits from lies if I never try?
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