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ESA, EMA files contest for California statute banning sale of violent video games to minors

Posted Sep 12, 2010 at 2:10AM EST by Mabie A.

Listed in: PSP, Wii, PS3, Xbox 360, PC Gaming Tags: EMA, ESA, news

Back in 2005, a California law prohibited the sale of "offensively violent" games to minors. Five years later, the Entertainment Software Association (ESA) and Entertainment Merchants Association (EMA) are contesting that law, filing a brief with the Supreme Court, claiming that "the California statute is unnecessary, unwarranted, and unconstitutional."

According to the brief submitted, said statute would "threaten freedom of expression not just for video games, but for all art forms. It would also tie up our courts in endless debates about what constitutes acceptable creative expression in our media. It protects no one and assaults the constitutional rights of artists and storytellers everywhere."

California vs. EMA/ESA's oral argument commences on November 2, 2010.

Via [ESA]

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Isn't that nice ESRB tag supposed to keep sellers from selling to those under-aged??? This shouldn't even have to become a case if people actually did their damn jobs!! Maybe this will keep everyone's bs about violence with minors down... but it won't really stop parents from buying the games themselves and giving it to the kids...

# Actually — SaDuWoOFFLINE 2010-09-12 16:30

The ESRB is to give parents guidelines of what the game's contents may be. It really SHOULD only be up to the parents to decide, not the stores. It's not a law most other places in the United States, but a lot of stores choose to card people buying M+ games.

# Who pays attention? — EtnasPrinny 2010-09-12 18:20

I buy M-rated games like Halo, CoD, etc. and every match I go into has kids between 4 and 16. Most of the time you'll hear kids around 4 cussing and using words they shouldn't even know. I believe that it's partly the parents fault for that, however M-rated games don't help. So I believe that games rated M shouldn't be allowed for those under 16 without parental guidance, which kids these days just aren't getting enough of. Then again I guess they'll never be able to make sure that the parents properly guide their children.

# okay — qwerqwlkj 2010-09-12 18:28

this does kind of show that companies do care about younger kids playing mature games - even though some say they market for adults.

# EVERYONE — TRUTH 2010-09-13 15:53

This case is in order and the EMA/ESA's are right because it kills the first amendment. There is no way California can win now. but.....

there is away they can win I know the way but Why leak the reason

# Imbecile? — dumbfounded 2010-09-15 06:40

How exactly does any of the ESA/EMA's argument regarding the first amendment stand up exactly? By your and their logic, it is also federally illegal to bar the sale of R-film tickets to minors. The law about needing to be 18 to purchase PORN isn't being contested- why should this law be?

*cue secondary rant on First Amendment Rights* Further, the freedom of speech refers to the right of an individual to state an opinion or to express themselves explicitly without threat of legal repercussion. This freedom clearly and reasonably halts with libel, defamation, and slander, which would impinge upon the target's CONSTITUTIONAL right to equity in the pursuit of their livelihood. Although it is illegal to produce a law blocking free expression (within reasonable bounds- John Wayne Gacy was a little bit of a criminal), it is not illegal to produce a law limiting access of certain classes of material to minors.

# Kick kids out of games that are not for there age! — SnowSerpent 2010-09-13 21:04

Parent's today are so lazy that it's not even funny..My Generation you would have to respect your elder's! Today its the kids who run the show!..

I hope this bill passes sick of little kids in video game's that are not for there age

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ESA, EMA files contest for California statute banning sale of violent video games to minors

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