California Vs. Video Games

In 2005 Governor of California, Arnold Schwarzenegger, signed a bill that opposed the sale of violent games to minors and would fine retailers up to $1,000 for each violation.  Things weren’t as easy as that though, and in 2009 the bill was declared unconstitutional and the U.S. Supreme Court agreed to review the decision.

1. Does the First Amendment bar a state from restricting the sale of violent video games to minors?
2. If the First Amendment applies to violent video games that are sold to minors, and the standard of review is strict scrutiny, under Turner Broadcasting System, Inc. v. F.C.C., 512 U.S. 622, 666 (1994), is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of the games to minors?

So what happens if this bill goes through?  NeoGAF member ‘Neuromancer’ thinks the following:

“It’s very likely other states would pass, or attempt to pass, similar legislation (such as Louisiana, Connecticut, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Mississippi, Texas, and Virginia, who have all filed briefs in support of California).

With the government basically deciding what video games are and aren’t acceptable for sale to minors, there is no doubt there would be a massive chilling effect on developers and publishers and the games they made. Just as next to no one is making AO (Adults Only) rated games now, I think it’d be very likely we’d see a dramatic downturn in M (Mature) rated games and developers willing to take less chances and not making the kinds of games I believe that adults like you and me (presuming you’re an adult) should be able to buy and play.”

So tomorrow is an important day, and one we shall be watching closely.