In a first for video games, the Supreme Court is bringing in the big guns of US jurisprudence into order to rule on a Californian law banning the sale and rental of violent video games to minors. The law in question (California Civil Code §§ 1746-1746.5) was passed on October 7th 2005 under the guidance of the Governor of California, Arnold Schwarzenegger, and then-Assembley Speaker, Leland Yee. The games industry – specifically the Video Software Dealers Association (now merged into Interactive Entertainment Merchants Association) – filed suit to block the law ten days later.
August 2007 saw the law
overturned in a Californian District Court. However, like Governor Schwarzenegger, it kept coming back.
Today, according to
Reuters, "The justices agreed to hear an appeal by the state after a U.S. appeals court based in California struck down the law, which also imposes strict video game labeling requirements, as unconstitutional."
Why has the case reached the ultimate bench in the world (well, the USA...) "The law had been challenged by video game publishers, distributors and sellers, including by the Entertainment Software Association. Its members include Disney Interactive Studios, Electronic Arts, Microsoft Corp and Sony Computer Entertainment America", that's why.
The argument is one of 'free speech' based on the First Amendment of the Constitution; the state of California says that free speech does not bar a state from prohibiting the sale of violent video games to minors under 18. The publishers disagree, believing that anybody should be able to buy violent video games.