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Jan 8, 2006, 5:10 PM
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California won't ban violent video games sales to minors starting 2006
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A federal judge in California on Wednesday blocked the implementation of a law designed to restrict retailers from selling or renting violent video games to minors. The law was slated to go into effect on January 1, 2006.
The decision by Judge Ronald Whyte, of the U.S. District Court for the Northern District of California, drew upon the rulings in cases where similar legislation had been deemed unconstitutional. Whyte wrote that video games are protected by the First Amendment.
The ruling is a victory for the Video Software Dealers Association and the Entertainment Software Association (ESA), which initiated the lawsuit, and is a setback for those attempting to limit access to blood-and-guts video games.
For the sixth time in five years, he noted, federal courts have now blocked or struck down state and local laws seeking to regulate the sale of games to minors based on their content.
The California law would have required game publishers to attach labels to especially violent games, identifying those that could not be sold or rented to younger children. In his decision, the judge cited other rulings that found that research does not establish a causal link between violent video games and violent behavior.
The ESA contends that ESRB ratings on games, parental education, and
the fact that next-generation consoles will have parental controls,
adequately address the issue of restricting access by minors to
inappropriate games.
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