April 26, 2010

California Video Game Law Unconstitutional?

The Supreme Court said Monday it will be deciding if a Californian law passed last to prevent the sale and rental of  “patently offensive” titles to minors is  unconstitutional.

Justices agreed to hear the appeal after a U.S . appeals court based in California struck down the law, which also imposes strict video game labeling requirements, as unconstitutional.

The Supreme Court is expected to hear and rule on the arguments during it’s upcoming term which starts in October.  It’s one of most important cases for the term so far. 

“In appealing to the Supreme Court, the state argued that the free-speech guarantees of the First Amendment do not bar a state from prohibiting the sale of violent video games to minors under 18.”

The law was adopted in 2005, however it has never been put into effect because of the mounting legal troubles it has faced.

“The law prohibits the sale of an interactive video game to anyone under 18 if the game was so violent it was “patently offensive,” according to prevailing community standards and lacked serious literary, artistic, political or scientific value.”

On a personal level I have no objection to barring the sale of M rated titles to minors.  I just don’t believe children, especially ones in the 8 – 13 year old range, should be playing violent video games.   It will be interesting to see how this pans out.  This is the first time the Supreme Court has heard a case on Video Games.


  1. T8 - April 27, 2010 2:20 am

    exactly, but changing the law to effect everyone, not just those who need it, isnt exactly what this country was found on.

    Agree that the problem is parenting. Disagree that its the governments job to step in.

  2. PimpmasterF - April 26, 2010 11:59 pm

    I agree with the law, children are into shit way above their capacity of understanding. I was in a mall while still in college and shopping in a game store and watched as a mom bought her 5-6yr old kid grand theft auto 3, the real problem lies with the parents, they just arent doing their job, if they were we wouldnt have messes like this.

  3. thsoundman - April 26, 2010 4:49 pm

    yeah the unfortunate thing is once somthing get’s legislated it never seems to go away and in most cases it tends to get worse and worse. I’m hoping this won’t be the case.

  4. T8 - April 26, 2010 2:41 pm

    its not going to get better until it crumbles completely. Cant fix something until its completely broken

  5. thsoundman - April 26, 2010 1:46 pm

    I think our founding fathers would roll over in their graves if they knew the crap we deal with in our government now.

    I have a bad feeling that this is going to result in a long long slippery slope of bad legislation.


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