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Video Games Get Their Day In Court
The 2005 California law that would have restricted violent video game sales to minors has ascended through the appeals process, and will go before the U.S. Supreme Court on November 2nd. The law has been overturned by two lower courts, and the Supreme Court will offer the final word on its legality.
Written arguments have already been getting submitted to the Court, but the actual oral arguments will occur on the November date. After that, the Supreme Court will rule.
The implications of the case are far reaching, no matter the outcome. If the Supreme Court sides with California and allows the law to go into effect, a number of things will have to change for publishers and retailers who hope to sell their games in the state. A 2-inch by 2-inch label will need to appear on the front of games that contain certain types of violent imagery, as defined in the law. These aren't necessarily M-rated games; the California law eschews the ESRB rating system, and instead demands that each publisher determine their game's status within the wording of the law. Publishers that mislabel a game would be liable for sales of that game to a minor, whereas retailers would be fined if they sold correctly labeled games. Each individual sale could result in up to a $1000 fine.
In addition, if the Supreme Court accepts passage of the law, other states could follow suit. 11 states, (Connecticut, Florida, Hawaii, Illinois, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Texas, and Virginia) formally support the California appeal. Consequently, new laws in the same vein could follow in short order after a ruling in Calilfornia's favor.
On the other side, if the Supreme Court rules in favor of the ESA, and declares the California law unconstitutional, it will represent a major victory for the gaming industry -- an indication that game products deserve the same First Amendment protections as movies, books, and other entertainment mediums.
Care to make your voice heard on the subject? If you support the California law, you can contact your local and state representatives to share your thoughts. Against laws like the one being made in California? You can also contact your representatives, and join the Video Game Voters Network, an organization devoted to defending the rights of video games and video gamers.
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