Violent Video Game Law Ruled Unconstitutional
The 2005 law prohibited the sale of violent video games to anyone under 18 and imposed a fine of as much as $1,000.
By Thomas Claburn
InformationWeek
February 20, 2009 07:22 PM
The 9th Circuit Court of Appeals in San Francisco on Friday struck down a California law that restricted the sale of violent video games to minors, asserting that the state does not have the right to control minors’ thoughts.
The law was signed by California Gov. Arnold Schwarzenegger in October 2005 but never took effect; it was immediately challenged by the video game industry.
It called for prohibiting the sale of violent video games to anyone under 18 and imposed a fine of as much as $1,000 for anyone caught selling video games in violation of the law.
The law was designed to restrict violent content through the same criteria used to restrict obscene sexual content. As the court saw it, the state was offering “an invitation to reconsider the boundaries of the legal concept of ‘obscenity’ under the First Amendment.” The court declined to accept that invitation.
As Judge Consuelo Callahan observed in the 3-0 ruling, other courts have established that videos containing violence but not sexual content cannot be obscene under the law.
The state argued that the restrictions were necessary to prevent psychological and neurological harm to minors who play violent video games. The U.S. Supreme Court has acknowledged that the state has a compelling interest in preventing such harm to minors.
However, Callahan’s opinion makes clear that the three judges considering the case have seen no compelling scientific evidence that violent video games are harmful to minors.
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via Violent Video Game Law Ruled Unconstitutional — Video Games — InformationWeek.
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Okay, how do you know what a teenager is thinking?
– CAA