Court denies the California gaming law appeal |
Ó
Remember the California game law? You know, the one that wants to
restrict the sale and rental of violent video games? Well, they went to
the Court of Appeals to challenge the ruling, and guess what they got.
Their appeal was denied, and the US Court of Appeals has ruled against the 2005 California gaming law.In the case of Video Software Dealers Association versus Arnold Schwarzenegger, the court held the law as "an unconstitutional violation of the First AmendmentÂ’s guarantee of freedom of speech."
This law was meant to prevent the sale and rental of video games that came with content that's deemed "offensive to the community" or "especially heinous, cruel, or depraved", to consumers under the age of 18. Under this law, retailers would need to ask customers for valid ID when selling a "violent video game", yes, just like when buying beer. Failure to do so means they'll be fined US$ 1000 per infraction.
A federal district court judge said that it was "unduly restrictive" and that it "used overly broad definitions." Overall, the state simply failed to show that enacting the law would be helpful to minors. The appeal was filed late October last year, and the decision was handed out yesterday.
More news on the California game law:
- California game law proven unconstitutional; Schwarzenegger to appeal
- The California video game law is back and may even go to the Supreme Court
Via Gamasutra
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Comments [refresh]
REJECTED
What's wrong playing violent games? I've been playing violent games all my life. Now I'm 15 and I'm still the same good kid.
I guess it goes on how well you were raised.
Its nice to see that at least some people understand that the number 18 is NOT magical.
Thank you Arnold. I'm glad you didin't let thoose basterds brainwash you.
Reread
That's not that old. There are people who have been playing video games for about twice as long as you have been alive.
It's good to know that you've made it this far though.
LOL
Hmmm, I thought they already asked for ID for R rated games... At least they did when I went to buy Grand Theft Auto when I was in Connecticut.
Connecticut isn't California. Every state has different laws amongst themselves. :)
This law would have done very little in the way of protecting kids anyhow. There's not a big difference between a 5-year-old kid begging his mom to get GTA 4 and her buying it for him, and a 5-year-old kid begging his mom to get GTA 4, her showing GameStop her ID, and her buying it for him.
However, I did just buy GTA from GameStop and they didn't hassle me at all. I'm fifteen, and it was cool with my parents, but I'm sure I didn't look eighteen.
So, I'm in that "been playing twice as long" category (actually, more than that). All I can say is that right now, games are still in a 'cartoon-ish mode'. Even GTA IV still has a degree of comic to it. But, once the realism amps up another notch (Dark Rain comes to mind) on a consistent basis, I think the proposed law may become essential. Think of it: we regulate R-rated and X-rated movies, why would we not do the same for videogames? When the realism gets high enough, it will be a necessary evil. For now, I would agree that it would be a difficult law to enforce (because most people would have difficulty keeping a straight face doing so). ---Reminds me of earlier last year when I was carded at Kmart (yes, Kmart!) when I bought a copy of Stranglehold (yes, Stranglehold!). :-O
Thats the problem, theres no national enforcement of any kind of ESRP or ratings. Kids know what movies to go to that dont card, and college students know which bars dont card. The difference between those and video game sales? You can get in trouble for not carding alcohol and movies, but not video games so why even hassle yourself?
heck i'm around 24 yrs old and people still ask for my id when i buy ciggies here at down under...
So you're saying there should be a law to prevent sales and rental of movies as well?
the rules are the same all over the county. If a game is R13 R16 R18 etc you will need ID. Same as buying alcohol, smokes or going to an R movie.
I don't get to say this nearly enough anymore these days, but "God bless America!". There may be hope yet...
im in cali and they ask for ids... im only 16 so when i go to pick up games like resistance 2 and socom... i have to call my mom down to confirm the purchase :|
i like to preorder games and the one thing i dont get is they never check my id when i preorder... but when i go to pick it up they do.. kinda dumb in my opponent... but its got its pros and cons
Isnt there already? When was the last time you went to the movies?
Rated R and you must show ID to get in, or atleast to purchase the tickets.
I wouldn't mind if this law was actually past. I mean its not harming anyone to actually have to do what they have already been doing. It takes 30 seconds to pull out your wallet and show I.D. Max. Any more than that and your a little slow.
Little 15 year olds can't get this idea that they can buy a rated R game behind their parent's back if their parents disagree. Of course the kids would disagree with me because it would mean not being able to buy their game.
Besides, its probably the parent paying for the game anyways.
There's hope for America because we let minors play violent video games? The fact that you consider that hope only further proves there is NO HOPE for our REAL issues.
If NOT allowing minors to rent violent video games is against the First Amendment then so is restricting porn from minors.
I am 31 and have been playing games all my life too. Also I went to buy Fallout 3 a few months ago and the teenager sales person carded me too. I thought it comical because I had a beard and he had pimples.
Showing adult moments in GTA IV and having cartoon porn. People still think video games are ok to give to kids if they show porn but not ok if its cartoons doing it.
There is nothing wrong with violent video games.
The problem is that the gov't wants to use video games as a scapegoat.
The problem has to deal with bad parents. These parents don't want to take care of their kids and when their kids get into trouble, they blame it on video games, movies, music, etc.
The ESRB rating is working good and many parents use the rating system.
People like Jack Thompson, etc just keep trying to blame games for violent crimes in kids.
In fact, the amount of violent games is increasing while violent crimes committed by young people has been declining over the years. If violent games cause kids to kill, the crime rate would be going up and not down.
Been playing video games since 1991, turning 32 years old this year.