California Law on Video Games Struck Down

[CalBoy]

A federal appeals court on Friday struck down a California law that sought to ban the sale or rental of violent video games to minors.

The 9th U.S. Circuit Court of Appeals ruled that the 2005 law violates minors' rights under the Constitution's First and 14th amendments. The three-judge panel's unanimous ruling upholds an earlier ruling in U.S. District Court.

SF Chronicle Link (http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/02/20/state/n111752S26.DTL&hw=california+9th+circuit&sn=001&sc=1000)

The law is clearly bad, and just to show that we are truly bipartisan on these forums, let it be known that a Democrat pushed for the law. ;)

[CorvusCamenarum]

Is there a link to the actual ruling? That would be some interesting reading.

I'm guessing this won't affect individual store policies. I know Gamestop has such a one in place; if you sell an M rated game to a minor (sans parent) you lose your job.

[Rodimus Prime]

Some how I do not see the law being a problem if it is limiting rated M games to people 17+.

By that you have to be 17+ to buy or rent a rated M game. Most stores already have that policy in place.

[CalBoy]

Is there a link to the actual ruling? That would be some interesting reading.

http://www.ca9.uscourts.gov/datastore/opinions/2009/02/20/0716620.pdf:)


I'm guessing this won't affect individual store policies. I know Gamestop has such a one in place; if you sell an M rated game to a minor (sans parent) you lose your job.

The law had other provisions as well (I think a large tag with "18" had to be placed onto the game), so this might be a minor dodge for retailers and game producers alike.

Some how I do not see the law being a problem if it is limiting rated M games to people 17+.

By that you have to be 17+ to buy or rent a rated M game. Most stores already have that policy in place.

You don't think it's overly restrictive? It makes sales of "violent games" illegal for anyone under 18. Even if we think that violent games lead to violent teens (which hasn't yet been proven, as the 9th Circuit emphasized), do we know that they have as detrimental an effect as cigarettes or lottery tickets?

[Gelfin]

Some how I do not see the law being a problem if it is limiting rated M games to people 17+.

By that you have to be 17+ to buy or rent a rated M game. Most stores already have that policy in place.

In a lot of the cases where you probably think this already happens, it doesn't.

MPAA movie ratings, television ratings and the "Comics Code," to name a few, do not have the force of law, because enforcing arbitrary audience restrictions on the public is understood to be unconstitutional. These ratings systems are voluntary industry practices, albeit invented under varying degrees of coercion.

The history of the Comics Code is especially interesting, because it was adopted under explicit threat of government censorship. The industry did not call their bluff in part because the hearings took place at the height of McCarthyism and no one wanted a repeat of the Hollywood blacklist.

The video game industry is welcome, even encouraged, to provide its own ratings system (as they have for the past fifteen years), and stores may voluntarily enforce them. The government may not make it the law.

[SactoGuy18]

MPAA movie ratings, television ratings and the "Comics Code," to name a few, do not have the force of law, because enforcing arbitrary audience restrictions on the public is understood to be unconstitutional. These ratings systems are voluntary industry practices, albeit invented under varying degrees of coercion.


That's why you see a lot of movies released in uncensored, "unrated" versions on DVD/Blu-ray because in home video, they are not subject to the whims of MPAA ratings. Given the poor quality of theatrical projection nowadays I actually kind of like it that way, especially with today's plasma and LCD flat panels. :)

[yg17]

Some how I do not see the law being a problem if it is limiting rated M games to people 17+.

By that you have to be 17+ to buy or rent a rated M game. Most stores already have that policy in place.

Because it should be up to the parents to do the parenting, not the government. I disagree with any store policy or laws that would prevent the sale of such games to minors. Parents need to learn to take responsibility.

Besides, if a kid at 16 years old is old enough to drive to the video game store by themselves, I think they're old enough to play a violent game.

[Counterfit]

Besides, if a kid at 16 years old is old enough to drive to the video game store by themselves, I think they're old enough to play a violent game.

I have doubts about the maturity shown by most teenagers (heck, most Americans in general) in piloting a car, and I certainly wouldn't use anything like that to determine whether or not they could play a violent game.

[Rodimus Prime]

Because it should be up to the parents to do the parenting, not the government. I disagree with any store policy or laws that would prevent the sale of such games to minors. Parents need to learn to take responsibility.

Besides, if a kid at 16 years old is old enough to drive to the video game store by themselves, I think they're old enough to play a violent game.

It pretty easy for a teenager or even some one as young as 13 who can get to a store to buy, and rent those games.

If it is good parenting the PARENTS can buy the game for the kid. The kid can even EARN the money for the game. The parent just has to buy it. The kid will not be able to go around there parent.

This system both forces the parents to get involved but on the flip side it prevents the kids from going around their parents.

[NT1440]

It pretty easy for a teenager or even some one as young as 13 who can get to a store to buy, and rent those games.

If it is good parenting the PARENTS can buy the game for the kid. The kid can even EARN the money for the game. The parent just has to buy it. The kid will not be able to go around there parent.

This system both forces the parents to get involved but on the flip side it prevents the kids from going around their parents.

Arent you the guys calling for smaller government?

Is that just not true when it comes to keeping them out of our personal business?

[yg17]

I have doubts about the maturity shown by most teenagers (heck, most Americans in general) in piloting a car, and I certainly wouldn't use anything like that to determine whether or not they could play a violent game.

True, that's a good point. But there are people all across the age spectrum that shouldn't be anywhere near a car.

It pretty easy for a teenager or even some one as young as 13 who can get to a store to buy, and rent those games.

If it is good parenting the PARENTS can buy the game for the kid. The kid can even EARN the money for the game. The parent just has to buy it. The kid will not be able to go around there parent.

This system both forces the parents to get involved but on the flip side it prevents the kids from going around their parents.

That's not parenting. Good parenting is teaching your kids some responsibility, that they can't buy those games, and if they do, there will be hell to pay. Or better yet, spend some time with then and make sure they're not going to be outcasts in life so they can play those games without ever feeling the need to shoot up their school.

[Rodimus Prime]

That's not parenting. Good parenting is teaching your kids some responsibility, that they can't buy those games, and if they do, there will be hell to pay. Or better yet, spend some time with then and make sure they're not going to be outcasts in life so they can play those games without ever feeling the need to shoot up their school.

You are trying to tell me you never went behind your parents back growing up. I was raised by good parents but I also know how I acted then and saw how I could away with stuff.
Point is it does force the parent to be a little more involved and at least make them 2nd guess themselves. Also lets face it a lot of parents are pretty blind to video games and if they are volince sexual and so on. They do not know as much about them. At least with the rating system it makes them think about it.

I think as a policy it is great for stores to set it. It the same as movies in my book.
Maybe you grew up in a peachy life and was not one of the outcast. no matter how good the parent is it is not going to stop some kids from feeling like out cast and pick on.

I am telling you this from my point of view. I am alive today because of my parents love and parenting but school was not easy for me. Iwas that poor kid that was pick on growing up.

I do not think it is for shooting up the school but for just basic guide lines like movies. That is how I view it at least.

[dukebound85]

Because it should be up to the parents to do the parenting, not the government. I disagree with any store policy or laws that would prevent the sale of such games to minors. Parents need to learn to take responsibility.

Besides, if a kid at 16 years old is old enough to drive to the video game store by themselves, I think they're old enough to play a violent game.

you cant see r rated movies unless you are over 17, or if younger, you have a parent go with you. why should the sales of violent games be any different?

minors have no rights really

and this policy has been in place everywhere since i can remember

[NT1440]

you cant see r rated movies unless you are over 17, or have a parent. why should the sales of violent games be any different?

minors have no rights really

and this policy has been in place everywhere since i can remember
BIG difference between a company policy, and a LAW.

[dukebound85]

BIG difference between a company policy, and a LAW.

i know, just sayin

i do support the current method of having store policy preventing such sales. a law seems somewhat overboard and absurd

[NT1440]

i know, just sayin

i do support the current method of having store policy preventing such sales. a law seems somewhat overboard and absurd

Then it seems we agree, must be another full moon eh? Doesnt happen that often, lets celebrate.

TONIGHT! WE PARTY! *busts out the shots*