The state of California’s latest attempt to block sales of videogames to minors was ruled unconstitutional by a U.S. District Court judge yesterday. Governor Arnold Schwarzenegger immediately vowed to appeal the decision to a higher court.
Judge Ronald Whyte struck down the law on the grounds it unfairly targets one medium for censorship. This same rationale has overturned a previous legislative attempt in California, as well as in other states. Do date, no anti-games law passed in the United States has passed constitutional muster in the courts.
The law would prohibit the sale or rental of “violent” videogames to anyone under the age of 18, and require game labeling. Retailers would be fined up to $1,000 for each violation.
“Many uff these games are made for adults, and choosing games zat are appropriate for keedz should be a decision made by zeir parents,” Schwarzenegger said. “I vill vigorously defend zis law unt appeal it to zee next level.”
In addition to agreeing that the law unfairly targeted video games, Whyte also agreed with the Video Software Dealers Association and the Entertainment Software Association that the law’s definition of “violence” was too broad; that no concrete link was proven between videogame violence and children’s behavior; and no proof was presented that videogame violence was more “harmful” than that in other media.
State senator Leland Yee (D-San Francisco), the child psychologist who authored the law, quoted Federal Trade Commission studies suggesting that the videogame system was not effective in blocking minors from purchasing M-rated games.
