California Game Law Ruled Unconstitutional

By Geoff Duncan February 23, 2009

California Game Law Ruled Unconstitutional

The Ninth U.S. Circuit Court of Appeals has ruled a California law restricting the rental of violent and mature video games to minors is unconstitutional (PDF), saying the law is too restrictive and violates guarantees of free speech under the first amendment of the U.S. constitution. The unanimous opinion from the court’s three-judge panel also found California’s labeling requirement unfairly compelled video game developers to carry "the State’s controversial opinion" and violated the equal protection clause of the Constitution’s 14th Amendment.

The decision could have broad implications for legislative efforts to establish video game labeling requirements and regulations governing the sales and rental of video games to children.

California’s law was passed in 2005 and quickly challenged in court; by the end of 2005 a judge had blocked enforcement of the law until challenges wended their way through courts. The appeals’ court ruling upholds a lower court ruling, in which a judge ruled the state had no compelling reason to restrict sales and rentals of video games after finding California legislators had not produced any evidence violent games cause neurological or psychological damage to children.

Backers of the California law are urging the state to appeal the ruling to the U.S. Supreme Court. Meanwhile, the gaming industry is largely hailing the ruling as a victory for self-regulation, which is largely manifested as a voluntary ratings system established by the Entertainment Software Ratings Board and backed by trade groups like the Entertainment Software Association. "This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time, and state resources," said ESA president and CEO Michael Gallagher, in a statement.

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