The long contest over the legality of former Governor Schwarzennegger's 2005 bill disallowing those under 18 years of age to purchase video games with violent content have now been put to rest.

The US Supreme Court ruled it unconstitutional yesterday, on a vote of 7-2, based on the grounds that it defies the "basic principles of freedom of speech" as well as the First Amendment."

So said the ruling: "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."

"The most basic principle - that government lacks the power to restrict expression because of its message, ideas, subject matter, or content... is subject to a few limited exceptions for historically unprotected speech, such as obscenity, incitement, and fighting words. But legislature cannot create new categories of unprotected speech simply by weighing the value of a particular category against its social costs and then punishing it if it fails the test."

Apart from that, the Supreme Court also dealt with the issue of connecting video games and violent behavior. According to them, they did not find any conclusive link that will put video games responsible for a person's violent act.

"Any demonstrated effects are both small and indistinguishable from effects produced by other media. Since California has declined to restrict those other media, e.g., Saturday morning cartoons, its video-game regulation is wildly underinclusive, raising serious doubts about whether the State is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint."

This ruling of the Supreme Court definitely is a win for gamers everywhere. But inasmuch as it proves that it does fall under the protection of the First Amendment, it also reiterates the need for parents to make sure they give proper guidance to their underaged children, especially when it comes to the content that they are given access to. 

It is true, after all, that violence is not necessarily confined only to video games. Open the TV or the Internet and you see it automatically. Even the most classic literary books may contain violence. In fact, just step out of the house and odds are anyone are potentially exposed to violence. This is the reality that our society today faces. For a government to restrict freedom of speech on the sole probability that someone might get bad ideas is to be a step back.

Again, though, no right is fully absolved of responsibility. So if you choose to let your kids play with games containing violence - no matter the degree - then at the very least, instill in them the clear delineation that video game is fiction, and not everything they will see in media should be adhered to or emulated.

On that note, I am rather surprised we have not had Jack Thompson rising up in arms yet again over this.

Via [CVG]

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