US Supreme Court strikes down California law restricting video games

THE US SUPREME COURT has upheld a ruling by the US Ninth Circuit Appeals Court that a California law prohibiting the sale of violent video games to minors is invalid because it is a breach of the First Amendment to the US Constitution.

The eagerly awaited ruling finally came out just today after representatives of the gaming and software industries challenged a 2005 California law, Assembly Bill 117, which allowed fines of up to $1,000 for anyone caught selling violent video games to those under the age of 18.

The majority ruling, with seven judges in favour and two dissenting, found that video games are protected under the First Amendment, highlightling that "the basic principles of freedom of speech ... do not vary" [with new media].

The court also found that the state of California had failed to provide a justifiable reason for its law, serving government interest alone instead of giving a solid argument for why this interest should be codified in law.

The judges dismissed the supposed psychological evidence that suggested a connection between violent games and harmful effects on children, claiming these studies "do not prove that such exposure causes minors to act aggressively". It said any effects demonstrated by studies are small and indistinguishable from exposure to violence in other media.

The justices said that California's arguments were "unpersuasive" and that the US does not have a tradition of restricting children's access to depictions of violence. It argued that the gaming industry's voluntary rating system already addresses the need for parents to be aware of how suitable a game is for their children.

The debate over the potential effects of violence in video games on children has been going on for many years, with many studies conducted in attempts to prove or disprove the theory. These have largely been inconclusive and arguments from supporters of the view usually back up the claim with examples of violence carried out by people who happened to be gamers, rather than addressing other more likely factors such as mental health issues.

Today's landmark US Supreme Court ruling creates a precedent that suggests further attempts to stifle freedom of speech in the video gaming world likely will also be denied in the US. µ