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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 it’s absolutely a battle that the mayor feels he should take on."

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19. Re: No subject Mar 17, 2008, 12:06 Pumas
 
Well one reason is that tobacco use isn't protected by the constitution. Another is that tobacco is a controlled substance much like prescription drugs which the government has domain over to avoid such substances containing chemicals which could be immediately dangerous to life and health. Tobacco could conceivably contain paint thinner if not regulated by the government.

A better argument to make for your case is that pornography (a form of speech) can be barred from sale to minors. For the answer to why video games cannot be regulated while pron can, I refer you to the Miller test.

http://en.wikipedia.org/wiki/Miller_test

"The Miller test is the United States Supreme Court's test for determining 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."

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