Monday, April 26, 2010

Supreme Court to decide if states can regulate video game sales


The Supreme Court said today it will hear a challenge to a California law that makes it illegal to sell violent video games to minors.

The law was blocked by a federal judge before it could take effect, but this is the first time the highest court has agreed to render a verdict on the issue:

The California law now in question prohibits the sale of video games to minors under 18 "where a reasonable person would find that the violent content appeals to a deviant or morbid interest of minors."
As with laws governing obscenity, the state statute exempts games that have "serious literary, artistic, political, or scientific value."

At least nine other states and localities have enacted similar restrictions, including Washington, Minnesota and Illinois. In California, retailers are subject to $1,000 fines for each violation.


In every other case, though, the legislation has been defeated in court as a violation of the First Amendment.

The Supremes now have a chance to settle this question once and for all.

In all likelihood, the California law will also be ruled unconstitutional and overturned (as the Entertainment Software Association predicts) and this will end the legal debate over whether states have the power to manage video game sales in the same way they do tobacco and alcohol sales.

Of course, Congress could step in and enact legislation (presumably it would have to be an amendment to the constitution) allowing states to regulate game sales to minors.

I would be very surprised if that happened, though

original article.
category: Videogame Accessories
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