Utah Attorney General Worried About Video Game Bill

January 15, 2007
In an interview with a public radio station in Salt Lake City, Utah Attorney General Mark Shurtleff (left, holding the PS2 controller) has expressed concern about video game legislation currently before the state's legislature.

As previously reported by GamePolitics,  HB50 is a Jack Thompson-drafted bill which seeks to classify violent video games as harmful to minors in the same manner as pornography. The measure is sponsored by Rep. Scott Wyatt (R).

Shurtleff told radio station KCPW he regretted the legislature's decision to do away with warnings which previously alerted members to constitutional concerns regarding bills under consideration.
It concerns me because my office has to defend (such bills).

Shurtleff, who publicly endorsed the ESRB system last year, cited Wyatt's video game bill as one which would almost certainly be lost in court and would cost Utah hundreds of thousands of dollars in legal expenses in the process.
I know some legislators are saying "Well it's worth it," and I say why's it worth it if we're going to lose? If you want to emphasize or put money toward something, let's do education. Teach parents what to look out for with video games. And maybe that's a better way to handle it than to legislate this issue.

Comments

"If you want to emphasize or put money toward something, let’s do education. Teach parents what to look out for with video games. And maybe that’s a better way to handle it than to legislate this issue."

^^^Best ideas yet.

Tollwutig
Ah get the Supreme Court to say once and for all that these kinds of bills are irresponsible and damaging to the publics best interest?

Actually if he is smart he'll defend this bill and appeal it all the way up to the Supreme Court. He knows the bill is unconstitutional and the best way to get these bills to stop is if the Supreme Court says no you can't do it this way. Really this is the man who should take one of these bills all the way up.

I think the AG is being forced into a bad political spot. I mean, if they had asked him for guidance on how to make this law work, he would have said, "don't admit it to the floor." Even though the AG is to defend laws of state, bad laws can be dealt with. The cost is the next political campaign that will try to tarnish the reputation of the AG. However, I feel if you know a law is unconstitutional, and you know your state will spend megabux to unsuccesfully defend it, the correct decision is to question it's constitutionality right off the bat and send it to the highest state court with the previous cases. Deal with the ESA on a civil level to prevent lawsuits. Force an injunction before the law goes into effect on behalf of the State to prevent unnecessary ESA lawsuits. After all, ESA is forced to sue if their product sales are compromised. Avoid that step. Address your concerns with the Governor. Stop it before it starts.

@Black Manta

*looks* Oh heck, you're right, my bad. Thanks for straightening me out. ^_^

@monte'

All I can think of is, if he honestly doesn't want it there, he might not fight with everything. Heart ain't in the fight, then it's an uphill battle you don't want to win.

I so wish they could just hold some kind of huge televised debate. One representative gets up their and says, I'm tired of the gaming industry taking all this heat, so now it's time to see if they can prove that all this legislation and all this negativity stems from something genuine. The other representative says, I'm here to show everyone why their needs to be legislation and how the gaming industry truly deserves every inch of what they're getting from the media, lawyers, and politicians.

I feel like if they had something like that to show to the public, it would be a messy debate. But I think people would really see what these people are like. They would see the politicians scrambling and panicking. They would see that all the politicians ever had as a weapon was simply the fact that most people don't know the facts about how harmful games are to minors. I think people would see how that all of this is not only a huge waste of time and money, it's detrimental to our country. It really is. There's a million problems out there that deserve our attention and gaming's effect on minors isn't one of em.

He does have a look of faintly disquieted horror on his face in that pic. It looks like the sort people get when they first meet the concept of the analogue stick. Still, I wonder exactly which homicidal pornography he's being cruelly subjected to.

@ bigman-k

Yeah, here's my thinking on the age restrictions:

These guys are assuming a 9 year old boy is going to walk into a video game store with no parents and buy a $50 game with money that they somehow magically have.

In what world do parents give kids that shouldn't be wandering about unsupervised anyway money without knowing exactly what it's going to?

And as far as older minors: I don't know about you all, but I took sex ed when I was 12. So did everyone else in my state. And we watched Roots the same year. You all remember the scene where Kunta-Kinte gets his foot chopped off with an axe, right? Well, I only attacked 3 or 4 black guys with axes after seeing that, but the ritalin cleared that right up.

Thompson is so gonna rail him over this.....

I really like this Mark Shurtleff guy. He's got alot of balls for saying what he is saying, since his views are so unpopular within the political circus. Not to mention, he is right. I've always said that education not regulation or censorship is the right answer.

"Course, if I were in charge, I’d probably support the selling of just about anything to minors, including other minors."

I agree with you for the most part. Personally, I happen find age limits and age restrcitions in general way too arbitary as well as discriminory. Esspecially when it comes to older minors and teenagers. Young children like those in the single digits are a different matter though.

@sidescroller : I totally agree. We need more people in the government who stick to their values, but also know the sensible limits for government power. There are some moral conflicts that the people just need to resolve for themselves. Course, if I were in charge, I'd probably support the selling of just about anything to minors, including other minors.

I'm glad he wasn't afraid to go to the media with his comments. We need more word-of-mouth stuff like this to spread around. It's frustrating being drowned out by the megaphone-toting vote whores all the time.

Off topic, I'm also registered to vote, if anyone's interested.

I hope they lose a lot of money on this crusade to destroy an innocent industry. By innocent I don't mean all games are good. I mean they don't cause violence. They need to stop and we need to make ourselves heard, so they will stop seeing this as a cheap and easy way to get re-elected. PLEASE REGISTER TO VOTE TO END LEGISLATION SUCH AS THIS.

Hum, this is an AG who is going to the responsible for defending the bill if it passes, and the AG is not to confindent in such a bill nor thinks it is a good thing.

Sounds like a nice set up for a copout excuse from the bill's main drafter/supporter when the bill eventually fails.....

As an LDS Christian, I'm curious if he's LDS, too. If he is, that'd be awesome. If not, he's still awesome.

Here's a good example of what I like in an administrator. Somebody who has values and a sense of morality, but also knows what's constitutionally right, and is willing to defend both. He's not just a talking head, he's a real person with a rational opinion. Props to him. His sanity is a breath of fresh air among the growing smog of politics.

I add my salute.

@Arch

How the AG feels about the law does not matter. Whether or not he thinks it can pass he MUST fight for the law should it get passed and get challanged in court. When JT talks about people fighting for the bill he is mostly talking about sponcers and supporters, bascially everyone who would behind the AG, the guy who winds up stuck on the frontlines and has to deal with their mess.

Hooray for common sense, oy.

It's worth it, because the poliwhores going along and sponsoring these bills are playing politics. They know if they spend tax payers' money to campaign for re-election in this manner, they'll gain a few more votes from the hordes of uninformed voters out there.

What we really need is a bill that makes the bill sponsors personally responsible for the costs caused by defending bills known to be unconstitutional before passing them. When the poliwhore knows he's gonna get hit by a $100K bill in 6 months, I can guarantee you, these baby-hugger efforts will stop right there.

I know some legislators are saying “Well it’s worth it,”

Well to those I say, how is it worth it? The bills are very likely to fail and if you are Really serious about this why not go to a judge or something and ask him if he thinks the bill is constitutional or not (do not ask jack thompson or any other lawyer what they think because ultimately it will be a judge who determines the decision not the lawyers), or try something very specific like say . . . torture or something instead of the failed games as porn approach.

“If you want to emphasize or put money toward something, let’s do education. Teach parents what to look out for with video games. And maybe that’s a better way to handle it than to legislate this issue.”

I wholeheartedly agree.

[...] Utah Attorney General Worried About Video Game Bill [...]

@ Arch

You might be thinking of the Mass. bill. However, despite claims that 12 representatives and several State Senators are supposed to sign on to it, as far as is know it still does not have a sponsor. And as someone here pointed out earlier, if it doesn't have a sponsor, its DOA.

@Shoehorn O'Plenty

Shurtleff is in a tough position. On the one hand, he's responsible for defending the law, because it's not his place to decide if it's unconstitutional or not (that's the court's job). So there's clearly a conflict. He knows it's unconstitutional, but he has to defend it in court, to the best of his abilities.

It'll be an interesting task for the judge to handle. Does he recluse the AG for being asked to defend a law he doesn't believe in? Or does he take it under consideration that the AG doesn't believe the law will stand up to scrutiny?
-- If your wiimote goes snicker-snack, check your wrist-strap...

Finally! Someone has found the right answer that we've all been trying to tell! Look at educating parents on video games and not defend people who had no idea that GTA was rated M when they got it for their child!

*Total number of salutes thus far = 3*

A voice of reason in government... I wonder if he's inclined to become a judge, since he sure doesn't talk like a typical legislator.

I'm a Utah game developer, and a fan of Mark Shurtleff. :) The thing that really shows his integrity is that he DID participate in a demonstration against Avalanche Software many moons ago against their development of "Twenty-Five To Life." He's got problems with violent games. He doesn't like them. He doesn't want them being made or sold.

But he also believes that it's a matter for education, not legislation. He knows you can't just legislate away freedom of speech for the sake of convenience.

Wait wait, didn't Thompson say that there were people willing to fight the case? Isn't the AG the only person who has that power? Or can others fight for it?

"It concerns me because my office has to defend (such bills)."

Does this man have any authority to cut down this law before it even gets to court? Or is it possible that he could appeal for it to be abandoned on the grounds that it will be a waste of money?

If not him, then could the sponsors of the bill be contacted and informed that their own Attorney General, who will be defending the bill has no confidence in it's passing constitutional muster?

This is good progress in that people are starting to see these bills for the waste of time and money they are. Now all we need is legislators and politicians not being afraid to put aside these bills on the grounds that "If I was against this bill, my opponents would say that I am not protecting children".

Great to hear that there's a higher-up who agrees with us.

I'm so freakin' shocked to hear some common sense coming from an Attorney General. I'm totally blown away and in awe of Mark Shurtleff's ability to actually have a refreshingly good idea that shows he cares more about the state than the politicians.

Mark Shurtleff, I salute you!

I'm impressed with Mr. Shurtleff for two reasons: 1) He seems like a reasonable, intelligent guy who has some remarkably simple and logical ideas for more effective (and legal) ways of keeping mature-themed games away from children, and 2) he's not afraid to publicly state his notably unpopular views.

When so many legislators are more interested in supporting bills they know to be unconstitutional for no reason other than posturing, this gentleman earns bonus points for going against the grain and being genuinely responsible.

Also, the bit about doing away with constitutional notes is disturbing to say the least...

Finally, someone, in a position of authority, has the guts to say that video game bills are a waste of money. Mr. Utah AG, I salute you on behalf of the gaming community.

If JT hears about this, you can bet things are going to get really ugly, really fast between him and Shurtleff's office. I can just imagine the recriminations now, "You knuckleheads in Utah are even worse than the ones I dealt with in Lousiana! At least there they pretended to care about my bill! With your attitude, this one's going to be practically stillborn! Lives are at stake here!" Yada-yada-yada.

Black manta you read my mind. As the intro to Secret of Mana goes: "Time flows like a river, and history repeats..."

"the legislature’s decision to do away with warnings which previously alerted members to constitutional concerns regarding bills under consideration."

Is that just for HB50, or are they doing that for all bills? I REALLY hope they don't plan to rubber-stamp bills en masse without knowing if they will survive constitutional muster.

He knows what needs to be done, and that's saying a lot more than most zealotous legislators and politicians out there. He needs to be able to say "screw this" and address to others that they must pull out before he and many taxpayers regret pushing forward with a bill that even he believes is going to drown in the docks.
 
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