WXXI: Free Speech Groups Call for Video Game Veto (2008-07-21)

A coalition of groups called on Governor David Paterson today to a veto video game legislation. The bill cleared the state Senate and Assembly in June, but the critics from civil liberties, free speech and conservative taxpayer organizations say the legislation would involve state government in regulating media content. They say the bill violates the First Amendment, and if signed into law, will lead to protracted and expensive legal battles at taxpayer expense.

Bob Perry of the New York Civil Liberties Union says part of his objection to the bill is what he calls a "flawed process," which he says led to a "flawed bill."

"This bill was adopted in the last minutes of the legislative session, without hearings, without meaningful debate, without an opportunity for members of the public or industry to address the constitutional issues and the media technology issues implicated by the bill."

But Senator Andrew Lanza, who sponsored the bill, says his legislation is different from other state laws that attempted to regulate video games, but which were struck down for constitutional reasons.

"This [law] does not prohibit the sale of video games based on ... content. This simply requires a labeling. And at the end of the day if a game is rated mature, or violent, this does not preclude or prohibit someone from selling it to a minor. I wish we could do that, but the First Amendment, I believe, protects against that."

The bill's text calls for video game consoles to be legally required to have a parental control feature. Opponents of the bill says new systems already do. The legislation also calls for every game to display its rating, which also already happens as part of a voluntary ratings system established by the video game industry. But Lanza says because the companies are self-regulating their labeling, at any time, they could decide to discontinue posting ratings.

Governor Paterson has until Wednesday to sign or veto the bill, which was passed in June. A spokesperson for the governor says Paterson is considering a number of pieces of legislation before that deadline, and that he can't discuss what action the governor will take before the announcement is public.