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Supreme Court To Address Video Game Legislation

News broke early this morning that the Supreme Court of the United States has approved a petition for a writ of certiorari in regards to the Entertainment Merchants Association v. Schwarzenegger case. A writ of certiorari is an action that allows a higher court to review a decision made by a lower one for legal error, particularly in instances where an appeal is unavailable.  The Supreme Court will be reviewing a decision made by the 9th Circuit Court of California back in February of last year, which nullified a law that would make selling violent video games to minors an illegal act. The law would have fined retailers up to $1,000 per transgression. 

"The EMA obviously would have preferred that the Supreme Court decline review of the lower court decision finding the California video game restriction law to be unconstitutional," said Bo Anderson, president and CEO of the Entertainment Merchants Association.  "We are confident, however, that when the Supreme Court conducts its review, it will conclude that the lower court correctly analyzed the law and reached the appropriate conclusion."

The stance of the Entertainment Merchants Association and the Entertainment Software Association in regards to this type of legislation has always been the same – industry implemented checks and balances, similar to those enforced by movie theaters to keep youth out of R-rated movies, are enough. "We believe that the protections already afforded to books, films, music and other forms of popular entertainment should apply equally to computer and video games," reads a release sent out by the Video Games Voter Network, which brands any such legislation as blatantly unconstitutional.  

The ESA was quick to offer up its own response to the news, straight from Michael Gallagher, the current president and CEO of the ESA. "Courts throughout the country have ruled consistently that content-based regulation of computer and video games is unconstitutional," he said in a statement. "Research shows that the public agrees, video games should be provided the same protections as books, movies and music."

"As the Court recognized last week in the U.S. v. Stevens case, the First Amendment protects all speech other than just a few historic and traditional categories that are  well-defined and narrowly limited. We are hopeful that the Court will reject California’s invitation to break from these settled principles by treating depictions of violence, especially those in creative works, as unprotected by the First Amendment.

"A poll recently conducted by KRC Research found that 78 percent believe video games should be afforded First Amendment protection. We look forward to presenting our arguments in the Supreme Court of the United States and vigorously defending the works of our industry’s creators, storytellers and innovators."

All similar legislative attempts in the past have been shot down after being ruled unconstitutional. This will be the first time the highest ranking court in the United States has heard the argument, however.

The Supreme Court will review the case sometime after October 4.

Comments
  • Well I hope they win, but doubt it. How about companies in CA should make sure not sell a Mature game to a someone not Mature enough.
  • This is just a generational gap that will end in a couple of years, just like music.  Rock doesn't make your kids evil, and neither does GTA.  Parents go spend some time with your kids you lazy bastards.

  • In the end, if a kid who is too young to buy a certain game wants that game badly, all he/she has to do is get someone older to get it for him/her.Maybe even their parents.

    I'm not saying it's right to allow younger kids to have these games, (a ten year old should not be playing GTA, no matter what anyone says) but either their parents are too stupid to notice or too noncaring to pay attention. So even if this law does go through, it won't change anything. It is basically void.  

  • Society will change with the times. As Bob Smith said its like music. Or Dungeons and Dragons. Or racial tensions and attitudes toward homosexuality if you wish to extrapolate to such a level. "Thayse dern keids and theyre rappy hip hoppy myoosic. Eits kurruptin ar fine sosiutay."

  • I played GTA and all I can think of now is doing drive-bys and hijacking helicopters. But, that's probably just me.

  • If a law like this were to be enacted, it'd be similar to the government fining movie theaters for allowing children under 17 see a rated R movie.  The reason the film industry never went through something like this in its history is because of the MPAA introducing not only the voluntary film code in the 30s, but the ratings system in the 60s.  

    The government seems to have a difficult time realizing that the ESRB is similar to the MPAA in that it's a self-governing form of ratings for games.  People need to stop passing the buck of raising their children off onto the government, there are too many important things to deal with than whether or not Johnny has played GTA.

  • Like Joe Clark said, kids are going to get these games no matter what. I got them when I was a kid and that's just the way it is, so in the end it should be up to the parents not the government or the retailers.

  • Next it'll be ANY game featuring violence, regardless of rating. I don't think this would be necessary if parents would just pay attention to what games their kids are playing. Games like Halo are different than games like GTA, but have the same rating. But I think parents usually just think of video games the same way they think of action figures and LEGOs: they're just stupid toys, right?

  • Yup. Gotta agree with Bob and Joe. I talked to my nephew (10 years old) the other day and we were talking about Red Dead Redemption, because he loved Red Dead Revolver on PS2. The first thing he said to me when I asked if he was going to play it was "I don't know, Mom has to check the rating first."

    Imagine that.

  • I wonder how many times GTA will be referenced in these comments.  GTA is nothing when you compare it to the shower scene in Heavy Rain, the Aphroditie scene in God of War 3, and just about the entire performance in Dante's Inferno.  But yes, I agree that it's up to the parents, not the courts, to make sure children are not exposed to what they are not ready to understand.

  • I find it rather ironic that Ahnold is against violent video games, when his movies were basically violent video games sans the controller.

  • I say keep moderate restrictions and leave the rest up to the responsibility of the parents. This is a free country and the freedom should not stop with video games.

  • I hope the US will not follow in the foot steps of Australia, banning games and irrationally campaigning against games in general.  I believe (would like to hope) that the Supreme Court won't overturn this decision based on the social stigma of video games.

    Like someone said before me, once our generation gets into the branches of government, rational acceptance of video games will happen.

  • Video games are always a popular scapegoat.   Hopefully the SCOTUS upholds the Circuit Court decision and sends a strong message to the anti-video game crusaders.    

  • I always find it funny when a parent buys an M rated game for a child, then is appalled at what is displayed in the game.  Maybe parents should do more research as well before just jumping the gun and buying whatever their kids want.

  • If the developers would stop making bad games there wouldn't be this problem. The world and all it stands for, is sinking lower and lower as it creates it's sin, which leads to destruction. Entropy.

  • I sincerely hope that the decision stands for video games to continue to be self governing mode of censorship. Really I won't be the only one who seeked out more "mature" methods of media. Graphic movies, twisted novels, offensive music and so forth. No one should be in this capsule of innocence until they turn eighteen. Otherwise, they will be ridiculed for not getting in touch with real life issues that are represented in the media. Sure the parents need to do their parts but law (makers/enforcers) have this dichotomy want the best for their populace yet keep them in the dark in social issues.  

  • Hmm...this sounds confusing to me.

  • The Supreme Court will rule in favor of gaming.  Nothing to worry about.

  • Oh yeah, I'm sure the supreme court gonna be fair. They prolly thing video games turn people into zombies.

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