Home » Gaming and Casinos Articles » U.S. Supreme Court to Decide California Video Game Violence Law
U.S. Supreme Court to Decide California Video Game Violence Law
The question is whether the First Amendment prevents California from enacting laws ostensibly restricting free speech in order to protect children from violent images in video games.
November 26, 2010 /Gaming and Casinos PR News/ -- Among the many cases the U.S. Supreme Court will decide this year, one has far reaching implications for video game designers, retailers and law enforcement alike. In Schwarzenegger v. Entertainment Merchants Association, the Court will determine the constitutionality of AB 1179, a 2005 California law that prohibits the sale of violent video games to those under age 18. The law was based on State Senator Leland Yee's assertion that such games led to violent and aggressive behavior in children.
Retailers challenged the law in federal court, and it was struck down before it was enacted. The Court of Appeals for the Ninth Circuit affirmed the trial court's ruling. The Supreme Court accepted the case and heard oral arguments on November 2nd.
Controversial Questions about Protecting Children
The principal question is whether the First Amendment prevents California (or other state entities) from enacting laws ostensibly restricting free speech in order to protect children from violent images in video games. The law's proponents believe that states can pass laws to similar to those restricting pornography, while opponents contend that states should not be video game critics in deciding what is acceptable for children.
The battle lines of this question have traditional ranks. Gamers do not want the government telling them what video games they may play, and parents' rights groups believe that states have a right to enact laws to protect children, regardless of First Amendment reach. States are also divided on the law's constitutionality. Eleven states joined in an amicus brief supporting California, stating that the First Amendment does not apply when states are trying to protect children from harmful material. Nine states joined in a brief supporting the Merchants Association.
The Court also appeared divided on the issue. During oral arguments, conservatives Antonin Scalia and Samuel Alito disagreed with the historical approach to free speech restrictions. Justice Scalia argued that depictions of violence and torture have never been banned under the First Amendment, but Justice Alito claimed that the founding fathers never envisioned video games as a medium for free speech.
Alito appeared to side with Justices John Roberts and Stephen Breyer, who agreed that states can pass laws to prohibit minors from purchasing "violent, sadistic and graphic" video games. Meanwhile, Justices Sonia Sotomayor and Ruth Bader Ginsburg appeared to side with Scalia, citing free speech concerns.
Implications on the Entertainment Industry
The case could change the way video games are designed and marketed. It could mark the end of video games with graphic storylines such as "Grand Theft Auto" and "God of War", since teenagers with disposable income comprise a large target market for the entertainment industry.
It also raises questions about what games are "violent" enough to merit a ban. The law targets games that "appeal to a deviant or morbid interest of children and are patently offensive to prevailing community standards." As such, there appears no distinction between "cartoon" violence and "graphic" violence. Also, retailers may have difficulty complying with the law, for what may be acceptable in the San Francisco Bay area may not be on the Central Coast or in the San Joaquin Valley.
Further, the entertainment industry would be particularly concerned about these restrictions spilling over into music, television and films. The Court's decision should be given in June 2011.
Article provided by Erik S. Syverson
Visit us at www.syversonlaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
Findlaw PR
|
|
|
|
|
| GAMING AND CASINOS ARCHIVE SEARCH |
|
|
| |
| SUBMIT GAMING AND CASINOS NEWS |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us