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Supreme Court Decides Video Games Case

The Supreme Court has finally ruled on the constitutionality of the California law (Brown v. EMA) that would have banned the sale of violent video games to minors.

The court struck down the law 7-2 using the First Amendment as the reasoning. Justice Scalia wrote the majority opinion, with Justices Thomas and Breyer in dissent.

"The act does not comport with the First Amendment," opens the opinion's syllabus. "Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And 'the basic principles of freedom of speech . . . do not vary' with a new and different communication medium."

In 2005, the state of California passed a law that banned the sale of violent video games to anyone under 18, and required a warning sticker on the package beyond the normal ESRB rating. The law stipulated a maximum fine of $1,000 for each infraction. Then governor Arnold Schwarzenegger signed the bill into law. The case previously bore his name because he represented the state of California, which is why current governor Jerry Brown's name is now on the case.

Proponents of the law claim that violent video games can be harmful to minors and should be specially treated as such, while opponents rally under the First Amendment banner and that the ESRB's ratings are sufficient.

What's next? Nothing for this particular law says Tom Goldstein, publisher of the court analysis SCOTUS blog. "For those waiting on the video games case, if your side loses, you cannot just hit restart, respawn, and try again."

Still, that doesn't mean that other states could try and pass similar, but differently worded laws to try and re-state their case. However, by the Supreme Court ruling on it, it wouldn't seem to give future laws a lot of wiggle room.

We'll have more info and analysis as we get it, so stay tuned!

To read the full opinions, head over to the Supreme Court's webpage (check on the right-hand site).

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Comments
  • BOOM! Weight off the industry's shoulders this is. They could have killed a large portion of the market. If it passed this would have essentially put the power to decide what is appropriate in video games in the hands of the government instead of the people making and buying the games.
  • If the law had passed, they could have introduced new labels like those on cigarettes. Instead of a guy smoking out of a his trach, it would have shown a picture of the WoW gamer from the South Park episode.
  • Thank God. The system pulled through for once. They certainly kept us in suspence long enough.
  • Well now, maybe this decision will push the parents who supported this to be adults and use judgement and responsibilty instead of relying on laws to keep kids "safe" =_=;
  • I'm torn on this... Part of me feels that it's a good thing that our first amendment rights have not been protected, but another part of me feels as if there's reason for this kind of law to be put in place. The big question IMHO, is this a victory for video games, or a loss?
  • Wow. The gov'ment ain't going to regulate MY VIDEO GAMES, no sir. Now, where did they leave those trillions of dollars in Capitol Hill?
  • Victory!
  • Yes! *** you Schwarzenegger! Go fix your own problems with your love child!
  • In reading the Chief Justice's opinion - I got the sense that the act, as written, was too vague - it didn't pass strict scrutiny, but also that it covered too much. Secondly, the Chief Justice pointed out that this country does not have a "long tradition" of restricting violent conetent to minors, and cites examples of books, movies, and music that have not been restricted.

    If other states are willing to file similar, if differently worded, acts - they will now have to make them more clear, so they are more likely to pass the strict scrutiny standard, but also they will now have to show how thier new act is differnet than Brown Vs. EMEA. Finally, they would still have to overcome the objections about the lack of "long tradition" with restricting this type of speach to minors, and the argument that parents do an adequate job of deciding what is and is not obectionable for their children.

    I would think it unlikley we'll see this again in the near future.
  • Way to go government!

  • So, video games are finally an accepted medium just like all the other ones (movies, books, etc.). This wont do much to stop some people, but at least the Supreme Court has decided it shouldn't be singled out.
  • YES! Take that, Schwarzenegger
  • I'm glad this is settled, but I think that parents, not the government, should decide if their kids under 17 should buy games that they could play, as long as they don't use violent M-rated games as a babysitter for their kids, like some of those dumb-@$$ that don't give a *** about their children. I'm a dad w/ a 3 year-old and I would play kid-friendly games like Super Mario Bros. around her and she's asleep at night, when I have a chance, I'll play games for my age, like the Assassin's Creed series.
  • Wait I'm confused... so does this mean we can buy M games if we're 16 or do I still have to be 17 :\
  • Huzzah! A great day in video game history.

  • I feel as happy as a gay person in New York.
  • I'm glad. I've always believed that deciding who's mature enough to play a certain video game is the parents' job. Some public service announcements about what the ESRB is, and how to "interpret" (for want of a better word) their ratings would do far more good than that law. Because honestly, how many parents go to these stores and blindly buy the games for their kids anyway?
  • I love how the Supreme Court constantly tells California to “F*** Off.” In this particular case, the act was worded very badly as the Justices said. It did not define what a “violent” game was, only that it would include violent acts against human beings. (Naughty Bear and Conker, you’re alright though.) I will not be surprised if this comes back in another form later. I do, however, see the reasoning behind the act in the first place. There are tons of violent games out there. It is part of the allure of gaming: we get to do thing and a participate in acts that we normally can’t or wouldn’t want to do in real life. I totally feel that there are games that I do not want my daughter to play or even see me play. However, I see this as MY responsibility. The government does not need to tell me how to parent. The ESRB ratings are great. There is a label in the two exact places on every single game box and includes clear reasons why each rating was given. What we need is more education about the ratings, not ANOTHER sticker. Disclaimer: I do not live in California.
  • LOL Here in portugal even a 3 year old kid can buy violent games like dead space or GTA4 or duke nukem with no problem in any store.I´m against it though ratings are there for something.
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