Terry Jeffrey

It is Nov. 22, 1963. You are Lee Harvey Oswald, you are in the Texas School Book Depository, and you are taking aim at President Kennedy.

 That is the sickening premise of "JFK Reloaded," a videogame any kid with $9.99 and an Internet hookup can purchase and play. It was also the last straw for Rod Blagojevich, Democratic governor of Illinois.

 "I watched that, and I felt a great deal of outrage and contempt, and thought to myself 'someone ought to do something about that,'" Blagojevich told ABC News last month.

 Blagojevich, a liberal, is now proposing legislation in Illinois that deserves the support of conservatives nationwide. It bans the distribution, sale and rental of graphically violent and sexually explicit video games to children under 18. Merchants who provide such games directly to kids -- but not indirectly through their parents -- would be guilty of a misdemeanor punishable by a $5,000 fine or up to one year in jail.

 Blagojevich's proposal is already under fire from those who argue the First Amendment protects a "right" to peddle violence to children.

 In a Chicago Tribune op-ed, Clay Calvert, co-director of the Pennsylvania Center for the First Amendment, argues that Blagojevich's proposal "gives short shrift to freedom of expression and the reality that legal precedent weighs strongly against the constitutionality of measures restricting the sale of violence."

 In 2003, the Missouri-based Eighth U.S. Court of Appeals shot down a St. Louis ordinance similar to Blagojevich's proposal. In 2004, a federal court tossed out a Washington state law banning the sale to minors of videogames depicting graphic violence toward police. But Calvert especially cited a 2001 precedent set by Judge Richard Posner of the Illinois-based Seventh U.S. Court of Appeals. Posner -- unfortunately, a Reagan appointee -- wrote for a three-judge panel that overturned an Indianapolis law prohibiting video parlors from allowing children to use graphically violent video games unless accompanied by a parent.

Posner wrote in that case, American Amusement Machine Association vs. Kendrick, that it is not just videogame makers, retailers and distributors who have free-speech interests at stake," said Calvert. "Posner observed that 'children have First Amendment rights,' adding that 'to shield children right up to the age of 18 from exposure to violent descriptions and images would not only be quixotic, but deforming; it would leave them unequipped to cope with the world as we know it.


Terry Jeffrey

Terence P. Jeffrey is the editor-in-chief of CNSNews

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