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California game law proven unconstitutional; Schwarzenegger to appeal

Posted Aug 7, 2007 at 3:48PM EST by QJ Staff

Listed in: Wii, PS3, Xbox 360, PC Gaming Tags: California, EMA, ESA, senator

Governor Arnold Schwarzenegger to appeal California game law - Image 1

The big buzz just a few days ago loomed over the societal-political sector, when a video game violence bill beset by a preliminary injunction was held back permanently after courts found the law was unconstitutional. The bill, proposed by senator Leland Yee and former California Assemblyman, was signed into law by Governor Arnold Schwarzenegger back in 2005.

But before the law could come into effect on January 1, 2006, the collective alliances of the Entertainment Software Association (ESA), the Video Software Dealers Association (VSDA), and the Entertainment Merchants Association (EMA) countered the law with a suit. The result rendered the law useless when courts decided to place a preliminary injunction on the law.

Like many other video game laws, the California video game violence law wanted to restrict the sale of violent video games (as classified by the law) to anyone under the age of 18. It only went as far as punishing violators with a US$ 1,000 fine, but back in Monday, the law was proven unconstitutional and was rendered ineffectual - permanently.

The game industry, instead, had provided invitations to the political sector to aid in the much-needed re-education of purchasing decisions and rating systems for media and to encourage parents to partake in the game selection process for their inappropriately aged children. But it appears the politicians will not sway so easily.

Governor Arnold Schwarzenegger has suggested that he will appeal the ruling by U.S. District Judge Ronald Whyte and stand by the bill "the Governator" signed into law two years ago. In defense, he commented:

I signed this important measure to ensure that parents are involved in determining which video games are appropriate for their children. The bill I signed would require that violent video games be clearly labeled and not be sold to children under 18 years old. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents. I will vigorously defend this law and appeal it to the next level.

As GamePolitics put it, "ItÂ’s not over until itÂ’s over in California," and we couldn't help but nod in agreement.

Via GameDaily

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How is that bill unconstitutiona l? That's a word everybody seems to be throwing around nowadays but i don't see anywhere in the Constitution that individual states can't have their own laws such as this one. I hope Schwarzenegger's appeal holds... because there is nothing wrong with prohibiting specific merchandise from "minors", especially in individual states under the Bill of Rights dues towards State's Rights.

If the whole state votes for it, and it passes. The government would have to do a supreme override against the state law and give a damned good excuse.

# lolwut — Guest 2007-08-07 17:18

you have to remember that barring the sale of a particular product maybe be ruled as under the jurisdiciton of the federal government if the product is not made in the state itself

for example, it would not be the power of california to prohibit the sale of a toy made in ohio or new york to californian citizens

# No problemo. — Guest 2007-08-07 17:25

Well, it's just about a bill that Arnie signed into law back in 2005. The bill was similar to other game violence bills in other states. It punished violators - or those who sold M-rated games to kids - with a 1,000 dollar fine.

Before the law could be enforced, it was sued. Trials ran on for two years until 2007. Lately, it was proven that it was against certain rights in the Constitution. Now the bill was trashed.

Arnie doesn't want to go down without a fight, and that's pretty much what had to be said. ^_^

# @ Anonymous — Koru-Kun 2007-08-07 17:36

California does have the right to ban products that are produced in other states if the state votes for it. There are some really stupid laws out there, just keep that in mind... here are some from Oklahoma:

Tissues are not to be found in the back of one's car.

People who make "ugly faces" at dogs may be fined and/or jailed.

It is illegal to wear your boots to bed.

# ! — Guest 2007-08-07 17:48

this from the guy who made millions from selling violent movies to teenagers!

# thanks — Guest 2007-08-07 17:50

thanks man

# u — Guest 2007-08-07 17:59

i luv teh terminater

# FREE PS3 — Guest 2007-08-07 18:36

CHECK THIS OUT! better than the other crap offers, no credit card, no nonsense!

http://dallas.craigslist.org/ele/391901861.html

# LOL — Guest 2007-08-07 19:19

SO TRUE.

# Wow — Guest 2007-08-07 20:03

Lets see if Arnold is as invincible as he's in the movies.

"I'm going -to- -kill you- all!!!" Lmao XD

he's just as persistent as he was in the movies that's

why I like him.

# you go arnie — Guest 2007-08-07 20:40

to me, i dont see the problem with this law, but then, the uk has had it for ages.

Games are rated by age (much simpler imho) no-one under that age should be sold the game.

why is that such a problem? is the game industry worried about losing a chunk of money from corrupting the minds of children (yea i know there is no proof yet, but i have heard the comments that some kids come out with after playing the likes of GTA III)

Si

# Hah — Guest 2007-08-07 21:13

Yeah I was gonna say the same thing, if it weren't for violence he wouldn't be in office right now. Hypocritical much?

# hum — Guest 2007-08-07 21:15

it's not about the ideas to children, it's giving ideas to weak minds.

but how can the terminator rule that when he was one of the top dogs selling blood and killing? people really forget things pretty fast...

# I'm ok with everything except.... — Guest 2007-08-07 21:28

OMG, it's always about the money, it makes me wonder

if what the politicians are looking for is an excuse to

make money, couldn't it be a fine from $100-$200 but

$1000 I think that's rediculous, destroying somebody's

life and family making them go bankrupt because they

can't even pay their debt of only selling one stupid "M" rated game that might not even influence that certain kid's mind in the near future.....now that's lame.

# Movies have ratings too — Guest 2007-08-07 21:53

and are only intended for their appropriate age groups. According to your logic every single movie maker/actor/actress who has portrayed any form of violence is guilty of marketing to teenagers? Don't be ridiculous.

# Gamestop — Guest 2007-08-07 21:59

I can't go back to california, so I guess this law doesn't apply to me. Some chick behind the counter at GameStop sneered at me when I asked for my pewter Prey figure. Then I had to beat 'er up.

# Control is good — Guest 2007-08-07 23:12

I'm all for prohibiting sale of M rated games to minors. 100%. I feel it should be a controlled product, requiring proof of age upon purchase. I don't think that's too much to ask. I also feel retailers need to do more for their part. They should ask even adult customers questions like, "Are you buying this for yourself?"

I feel the same policy should also relate to R rated movies and music, or its a double standard and unjust to the gaming industry.

# also — Guest 2007-08-08 01:45

I feel some books should be burned.I also believe that blacks shouldnt vote and the only

book anyone should purchase is the bible

YOU ARE A ***** WITH EARS KEITH

# @ Koru-Kun — Guest 2007-08-08 02:43

Those Oklahoma laws along with many from other states that are utter bullsh*t are not enforceable. The law is trying to prohibit the sales of ALL violent videogames to minors. The ESRB already has a rating system in place for videogames that restricts the sales of certain videogames to minors. They are just trying to take this too far.

# heh — Link0 2007-08-08 03:42

This is Irony in its purest form. arnold "i can blow up stuff by pointing at it" schwarzenegger against violence

# WTF!?!?!?!? — Guest 2007-08-08 05:03

"How is that bill unconstitutiona l?"

Exactly! It's not. This is the biggest bunch of BS. I'm sick of these bills being turned down.

Poor little 12 year olds can't run around putting bullets in peoples heads so they cry to mommy and daddy because THE PARENTS would have to actually purchase the game for them! THE HORROR!!!!!!!!! !

If this bill was unconstitutiona l then wouldn't it stand to reason that all other similar laws are ALSO unconstitutiona l? Let the kids buy playboy and beer! After all it's the parents responsibility to make sure they don't drink or view porn....right?????

R rated belongs to 18 and over...PERIOD!

Which reminds me....is it unlawful to turn away a 14 year old from an R rated film???? Most people are not capable of using their brain for common sense.

# WTF!?!?!?!? — Guest 2007-08-08 05:10

Hey nic, I'm not sure what planet you've been living on but on planet Earth, R rated movies are restricted to age 17. A persons parent can of course overrule that.

However NC-17 can not be overruled.

So, if you've been letting 13 year olds watch R rated movies then you have no one to blame but yourself.

# WTF!?!?!?!?! — Guest 2007-08-08 05:12

"How is that bill unconstitutiona l?"

Exactly! It's not. This is the biggest bunch of BS. I'm sick of these bills being turned down.

Poor little 12 year olds can't run around putting bullets in peoples heads so they cry to mommy and daddy because THE PARENTS would have to actually purchase the game for them! THE HORROR!!!!!!!!! !

If this bill was unconstitutiona l then wouldn't it stand to reason that all other similar laws are ALSO unconstitutiona l? Let the kids buy playboy and beer! After all it's the parents responsibility to make sure they don't drink or view porn....right?????

R rated belongs to 17 and over...PERIOD!

Which reminds me....is it unlawful to turn away a 14 year old from an R rated film???? Most people are not capable of using their brain for common sense.

# lol — Guest 2007-08-08 05:29

lulz TERMINATOR

# I see — Guest 2007-08-08 05:52

So you're a 12 year old in California, afraid he wont get his copy of GTA 4? Aw. Po wittle baby.

# lol — Guest 2007-08-08 07:19

then they should ban kids from being able to buy condoms, cigs, and Xblows 711s if they're gonna ban kids for buying M rated games. it should serve as an aid, not an enforced law. if his appeal is successful, he should rethink doing action movies once he's outta office.

# How Bout Books? — CHUCKINGROCKSATSPACESHIPS 2007-08-08 09:05

A lot of story books have violence in them. Even history books. Lets ban books too.

# how about — Guest 2007-08-08 12:23

van dam movies. they. R. garbage.

so are steven segal movies.

and arnold's movies besides T2.

and the slow and curious movies.

# I'lll be back — Guest 2007-08-08 14:37

I use to like him but now I don't.

***** YOU! YOU USE TO BE MY IDOL

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California game law proven unconstitutional; Schwarzenegger to appeal

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