Schwarzenegger v. Video Software Dealers Association is underway as the video game industry fights a 2005 California law in the U.S. Supreme Court this week.

Tomorrow, the U.S. Supreme Court will take on the sale of violent video games to minors, says the Wall Street Journal. The case revolves around a 2005 California law that banned the sale of violent games to anyone under the age of 18. The law never took effect because courts found it violated free-expression rights. For the last five years, it has been appealed all the way to the Supreme Court.

In 2009, a federal appeals court in San Francisco found that the state didn’t have any credible research that indicated playing violent video games is harmful to minors. Video game publishers like EA, Disney, Microsoft, and Sony claim that the law violates the First Amendment, and that video games are protected under free speech. The game industry says that its current rating system does enough to keep games away from children. A 2009 FTC report found that video games are regulated better than the movie or music industry.  Game makers fear that if California’s law is upheld, cities and states across the country would adopt similar laws and major retailers might stop selling Mature rated games, much like how most movie theaters do not carry X-rated movies.

“Suddenly games would become a regulated commodity, like alcohol and cigarettes,” says Ted Price, president of Insomniac Games Inc., maker of M-rated games like “Resistance: Fall of Man. There will be a real chilling effect. We will be more conservative in the ideas that we discuss, we will self-restrict for fear of our games falling under the language in this law .”

The government does not regulate movies or music. If upheld, video games could be seen as more affecting than other entertainment mediums and face further regulation.

Showing 4 comments

  1. Mike at 1:37pm 1st November 2010 It is not about violence, it is about movie industry (represented by CA) vs. game industry. Hollywood wants you to watch them killing people, not play it yourself.
  2. BiG_Weasel at 11:45am 1st November 2010 When I was a kid, we played army, and we "killed" commies on a daily basis. Kids have ALWAYS been around violence. The biggest problem here is that parents just let their kids' violent behaviors run unchecked, and thus encourage the behavior by negligence. I don't believe the Supreme Court will overturn this ruling. If they do, watch out Movies and Music!
  3. TheTruth at 11:20am 1st November 2010 Another waste of Court Time. I wish I was a Judge and got paid just to watch a bunch of monkeys throw poo at one another. Last I checked the Taliban don't play video games and they are spouse/child abusers not to mention 9/11. But for the few kids that snapped and killed someone/or some in schools... lets blame games. It's not like Loony Tunes didn't have guns in it. OR GI Joe to kill the bad guy. Who put thes Mentally Handicap ppl in charge of our future. Welcome to Costco...I love you. Brawndo... We have what plant crave.(Yes I do believe the movie these quotes reference(Idiocracy, Mike Judge)) is an accurate depiction of our future) Any contradictions???
    1. ioman at 11:41am 1st November 2010 Agreed. Total waste. Next we will see a ruling on whether stores can sell glue to kids under 18...
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