High court strikes down California video game ban

WASHINGTON, Updated at 7:43 a.m. PT  — The U.S. Supreme Court struck down on Monday a California law banning sales or rentals of violent video games to minors as a violation of free-speech rights, its first ruling in a video game case.

By a 7-2 vote, the justices upheld a ruling by a U.S. appeals court that declared the law, which also imposes strict video-game labeling requirements, unconstitutional.

The law was challenged by video game publishers, distributors and sellers, including the Entertainment Software Association. Its members include Disney Interactive Studios, Electronic Arts, Microsoft Corp and Sony Computer Entertainment America.

(Msnbc.com is a Microsoft-NBC Universal joint venture.)

The law, adopted in 2005, has never taken effect because of the legal challenge. It defines a violent video game as one that depicts "killing, maiming, dismembering or sexually assaulting an image of a human being." Retailers who sell or rent a violent video game to a minor could be fined as much as $1,000.

The nation's video game industry has about $10.5 billion in annual sales. More than two-thirds of U.S. households include at least one person who plays video games.

Six other states have adopted similar laws, and all were struck down in court.

The Supreme Court rejected California's argument that the Constitution's free-speech guarantees under the First Amendment do not prevent a state from prohibiting the sale of violent video games to minors under 18.

"Our cases hold that minors are entitled to a significant degree of First Amendment protection. Government has no free-floating power to restrict the ideas to which they may be exposed," Justice Antonin Scalia said in summarizing the court's majority opinion from the bench.

[ source ]

 

THOUGHTS?

 

Discussion Info


Last updated July 3, 2018 Views 1 Applies to:

Yeah, I have ONE thought on this entire matter as my local news in NY had something about this on the tv this morning.

 

If parents don't want their children exposed to violent content then they need to STOP buying their children 'M' and/or 'RP' games. What they should be doing is reading the ESRB warnings on the front and back of the video game BEFORE they buy it for Little Jimmy.

 

Seems to me that people don't want to accept responsibility for anything anymore these days. I guess it is easier to play the BLAME GAME. I wonder if it has any achievements?

 

There is no substitute for good parenting.

 


I don't know about Cally, but here the local Walmart cards you automatically on M rated games.

I may be showing my age but it's reminiscent of "2 Live Crew" back in the day. Same ideology, different medium. I would disagree that there is a blame game going on here. Again, similar to another outcry over music, "Cop Killer" had politicians up in arms. There were/are shades of that same debate with the release of GTA. In the UK (and US), politicians were upset over the release of Medal of Honor (which is my current favorite right now) and wanted it banned.

 

I agree that parents need to take an active role in what their kids are doing not just online but everywhere. Neither of my kids were allowed to play realistic shooter games until I felt they were mature enough to deal with it appropriately. It wasn't a magic number; it was dependent on each kid who both matured differently. It may have been a feel good measure but to me there is a difference between putting a plasma ray into some screaming cartoon character in Halo and putting a bullet into a human in a COD title.

 

I don't get why, after years and years of the same knee jerk response, politicians and "family groups" just don't get it? Yes, we have plenty of parents who are absent even when they are there but then the issue becomes 'how do we encourage more responsible parenting' and not 'how should we dictate parenting?'

 

Given the precedents of the music industry, I'm surprised they even heard it at all. I am interested in the dissenting opinion of the two justices on the matter. I'll be looking that up in a bit. :)

[quote user="CRracer 912"]

I don't know about Cally, but here the local Walmart cards you automatically on M rated games.

[/quote]

Same with Target.

And I find it silly that they card you even though you're clearly old enough...

I guess it protocol the employees have to follow.

I know the ESRB ratings should be followed but i also think there ment to be broken. For instance i played gta when i was like 13 and didnt get the impulse to go out and beat someone with a baseball bat. I believe that parents need to play a bigger part and determine what their children can and cannot handle.

Same for the Best Buy in Myrtle Beach; every store that sells video games here cards. I have seen employees refuse to sell a person that is not of age a game.

[quote user="gameshoes3003"]

[quote user="CRracer 912"]

I don't know about Cally, but here the local Walmart cards you automatically on M rated games.

[/quote]

Same with Target.

And I find it silly that they card you even though you're clearly old enough...

I guess it protocol the employees have to follow.

[/quote] I can't speak for target but at walmart it is absolute practice to ID anyone that does not abosuletly look like an adult and if you don't card them you can be fired. At walmart your given whats called CBLs(Computer bases Learning) about this it is a huge deal with them. I always ID anyone that I would for cigarretes when I rarely have to work a cash register.

[quote user="Temhotabot"]

Yeah, I have ONE thought on this entire matter as my local news in NY had something about this on the tv this morning.

 

If parents don't want their children exposed to violent content then they need to STOP buying their children 'M' and/or 'RP' games. What they should be doing is reading the ESRB warnings on the front and back of the video game BEFORE they buy it for Little Jimmy.

 

Seems to me that people don't want to accept responsibility for anything anymore these days. I guess it is easier to play the BLAME GAME. I wonder if it has any achievements?

 

There is no substitute for good parenting.

 


[/quote]Rant on man. I agree. lol @ "wonder if it has any achievements".

 

I agree. It is completely up to parents to control their kids.