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Supreme Court Considers Hearing on Violent Video Game Legislation
by Nick Breckon, Sep 29, 2009 3:20pm PDTThe U.S. Supreme Court will decide today whether to hear arguments on a California law that would bar minors from buying violent video games, according to CNBC.
The bill, initially introduced by California assemblyman Leland Yee, was signed into law in 2005 by governor Arnold Schwarzenegger. The Entertainment Software Association (ESA) quickly sued the state, and a district judge blocked the law on the grounds of First Amendment protection. A federal judge ruled that the law was unconstitutional in August of 2007. The state of California appealed the decision, leading to another rejection in February of this year by the U.S. 9th Circuit Court of Appeals. Now the Supreme Court could choose to make a final ruling.
Proponents of the law argue a link between violent games and real-world violence. However, in his 2007 ruling, District Judge Ronald Whyte stated that "the evidence does not establish that video games, because of their interactive nature or otherwise, are any more harmful than violent television, movies, internet sites or other speech-related exposures."
Schwarzenneger maintains that the law can only help parents to better protect their children from violent media.
"By prohibiting the sale of violent video games to children under the age of 18 and requiring these games to be clearly labeled, this law would allow parents to make better informed decisions for their kids," said the Governator.
Added Schwarzenneger in a recorded statement: "Stop whining, you son of a bitch!"
The Supreme Court's decision could be known as soon as Wednesday.
Comments
that said... how does this differ from porn? the supreme court has affirmed that porn does indeed fall under free speech and that adults should indeed be able to buy it. and i agree with that, even though im not a big porn connoisseur. i agree that *adults* should be able to buy just about whatever twisted shit they want. but id never agree that a minor child should be able to walk up to the counter of their local porno-hut and buy that same twisted shit on their own. same for video games, i think if an adult wants to buy some freaky-deeky "murder simulator" then have at it. but im not convinced that minor children should be able to buy it without restriction.
how do laws like these infringe on the rights of adults to consume the kind of entertainment they want? and if they dont, then how are they the awful bad things that everyone makes them out to be? id absolutely be opposed to any law that tried to restrict the sale of games to adults based on their content, and would consider that to have grounds on a first amendment basis... but that isnt the case here. and on the other side of it, if you DO think minors should be able to buy any kind of video game content without any restriction or requiring any parental consent, do you also advocate the same for porn? and if not, what are the fundamental differences between the two?
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Also it seems to be the industry's best kept secret is that a lot of games are designed and marketed towards kids. Bungie on their podcasts always talk about "kids" playing their games, and even though they speak about it in an ironic sense, you see them often slip up when talking about playtesters and shit. Do people seriously think that when they do their focus group stuff that all the people they bring in are over 18? Games are consistently designed with a lowest common denominator in mind that is below the intelligence and interest level of certainly your average college graduate adult, if not below the average adult overall.
(also before anyone attacks me, I'm not saying anything is wrong with some mindless entertainment, the problem is that videogames are NOTHING BUT that, and very few if any M-rated games have gone out of their way to try and prove otherwise, so I don't see the problem with statewide bans on the sale to minors without parental consent if that's the case)
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don't get me wrong, it's hilarious to do. i just dont see it being something a young child should be acting out on a video game until he is old enough.....
if this law is only to sell an 18 rated game to 18+ people, and 15 rated games to 15+ etc etc, then i dont see the issue.
sounds like a solid idea.
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Your state is broke. Consider figuring that out instead of wasting your taxpayers money on false causes. Being stubborn with the appeals has only caused your state to waste more money than the few other states that have tried this and failed.
PS - With any luck, your perserverance will grant you the Supreme Court audience so this matter can be laid to rest for good by the highest court in our nation and other states will not have to suffer the same expense through ignorance than you have.
Sincerely,
- Randy Pitchford
PS - I loved you in Terminator, Arnold!
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I posted this in replies to a couple comments but I got tired of seeing people posting about this so I thought I would make a separate post that might be read by more people.
Film ratings in the USA are just like videogame ratings: they are enforced by the industry and not the government. If you get carded going into an R-rated film it is because the theater and the MPAA are enforcing the rating and not the government.
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How about a law forbidding minors from buying extremely violent books, like the bible, or Lord of the Rings, or the Butter Battle Book?
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But on a serious note, it's ultimately a good thing to have gotten this far. Ideally, this will put some finality to whether these regulations are legal or not and we can all get on with our lives - whether happily or unhappily.
Gamestop and almost any major retailer wont let a person under 17-18 buy a M rated game anyway what will change?