Rhode Island Bill Proposes Jail Time for Selling M-Rated Games to Kids

The bill is sponsored by four Democrats, so let’s all remember that this kind of schoolmarm prudery is hardly exclusive to conservatives. The Parents’ Television Council, of course, cheers the legislation, saying it “empowers parents by enforcing the industry’s voluntary guidelines which, far-too-frequently, are not followed.” Citation needed? The PTC backs up the position by claiming its Rhode Island chapter found that “half of the retailers our chapter visited responded with contempt when it was pointed out that they weren’t following the ratings when selling adult games to children.”

Obviously, the sale of tobacco, porn, firearms, liquor, etc. are regulated and violating those regulations result in fines, and these laws exist without any constitutional problem. I think the difference there is such things are regulated by the state, which has the statutory authority to regulate them, whereas the ESRB ratings are privately organized and voluntarily followed. The state doesn’t enforce them. Again, I’m no legal scholar or lawmaker.