California Deems Video Game Laws Unconstitutional

[Dusty Ayres]

A U.S. appeals court ruled Friday that a California law restricting the sales and rental of violent video games to minors and imposing labeling requirements is too restrictive and violates free speech guarantees. The Ninth U.S. Circuit Court of Appeals found that the labeling requirement unfairly forces video games to carry "the state's controversial opinion" about which games are violent.
The unanimous opinion by a three-judge panel could have a far-reaching impact on efforts by other states to establish mandatory video game labeling requirements.
The court upheld a lower court finding that California lawmakers failed to produce evidence that violent video games cause psychological or neurological harm to children.

California Deems Video Game Laws Unconstitutional

[zephramc]

Wow, I wouldn't expect this from the Nanny state CA.

Good. I don't like government acting as a parent, especially the inept one in Sacramento.

[Brikar99]

Similar laws have been struck down in every state they've come up in, and legislators keep trying to pass essentially the same ones only to get it struck down again.

[Kaijufan]

You would think that legislators would figure out by now that laws like this are always struck down as unconstitutional, but I guess most of them are too stupid to figure it out.

[John Picard]

Kaijufan wrote:

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You would think that legislators would figure out by now that laws like this are always struck down as unconstitutional, but I guess most of them are too stupid to figure it out.

They pass these laws to give their constituents the appearance that they care and as such it's a good tactic to ensure re-election.

What's pathetic is the general public's lack of understanding of the Constitution and their constant desire for the Government to "do something" rather than being responsible.

[-Brett-]

The unanimous opinion by a three-judge panel could have a far-reaching impact on efforts by other states to establish mandatory video game labeling requirements.

Is there something wrong with the ESRB system that these proposed "labeling requirements" would fix?

If the parents who have a problem with video games are somehow unable or unwilling to use the current system, why would they use a new one?

[TGTheodore]

zephramc wrote:

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Wow, I wouldn't expect this from the Nanny state CA..

Er ... we tend to champion individual rights far more than the majority of states. As a matter of fact, we tend to LEAD in that area.

--Ted

[bigdaddy]

That is bullshit. I must be the only one who thinks there should be laws?

If I was 14 and wanted to buy some beer and porn, they don't let me. Does that mean that is against my freedom of speech and now those laws will be overturned?

TGTheodore wrote:

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Er ... we tend to champion individual rights far more than the majority of states. As a matter of fact, we tend to LEAD in that area.

Hows gay marriage there? The Northeast is taking over on rights because CA is too crazy and dumb to do so.

[Arrqh]

bigdaddy wrote:

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That is bullshit. I must be the only one who thinks there should be laws?

There are no equivalent laws for any other form of media. Why do you believe that video games need special legal treatment?

Currently, video games are self-regulated by the ESRB in exactly the same way that movies are self-regulated by the MPAA. A 14 year old can't buy a movie ticket or a DVD that's rated R from most places. Similarly, a 14 year old cannot buy an M rated game from most places. Why pass a law?

[CaptJimboJones]

The utter ignorance of video games among some of these top decision makers is also quite frightening, given that they're attempting to restrict their sale. Remember when the morons on Fox News did a broadcast declaring that Mass Effect was some sort of hardcore alien porno game?

[TGTheodore]

bigdaddy wrote:

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That is bullshit. I must be the only one who thinks there should be laws?

If I was 14 and wanted to buy some beer and porn, they don't let me. Does that mean that is against my freedom of speech and now those laws will be overturned?

Hows gay marriage there? The Northeast is taking over on rights because CA is too crazy and dumb to do so.

That was Utah ... not California.

[bigdaddy]

Arrghman wrote:

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There are no equivalent laws for any other form of media.

Really? people under 18 can go and buy porn? I didn't know that!

Some video games are interactive porn, yet a 10 year old can buy it.

[Michael Chris]

Most assuredly a good judgment.

[Arrqh]

bigdaddy wrote:

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Really? people under 18 can go and buy porn? I didn't know that!

Some video games are interactive porn, yet a 10 year old can buy it.

As I stated already, and you conveniently passed over, a store will not sell an M or AO rated game to a minor without a parent present. No law required.

If a game was actually qualified as pornography, surely the existing laws that govern porn would suffice? In any case, sexual content is pretty clearly not the focus of the law in question as instead they applied the incorrect argument that violent games cause behavioral damage.

[Cutter John]

So where are these porn games of which you guys speak? Only ones I know of are from Japan, and you have to jump through a lot of hoops to get those.

Personally I don't mind having some sort of rating system in place. Be nice if stores actually enforced it though.

Now if we could only get them to do something about all these annoying Internet laws congress keeps trying to pass.