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California Game Law Back on Table

Kris Graft's picture

By Kris Graft

October 27, 2008

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On Wednesday, California will be appealing a 2007 court ruling that found proposed restrictions on the sales of violent videogames unconstitutional.

The bill, drafted by Sen. Leland Yee when he was an assembly member in 2005, would put restrictions on the sales of mature-themed videogames to minors.

"This is the same technology the armed forces use to help soldiers kill the enemy," Yee, a Democrat stated in a San Jose Mercury News report. "All we're saying is, 'Don't sell it to kids.'"

Courts have yet to recognize any studies that link virtual violence to real world violence, a stance which has been a thorn in the side of game legislators.

Similar laws in various states have been found by courts to infringe on First Amendment rights of game makers.

Leland's law would require a 2" x 2" government-issued label displaying the number "18" on the front of mature-rated games, and retailers would have to check IDs when making a sale. Violators would be charged up to $1,000 per incident.

The games industry has prided itself on self-regulation, using Entertainment Software Rating Board scores and descriptors as a way to alert parents of mature-themed content.

But Deputy Attorney General and rep for Schwarzenegger's administration Zackery Morazzini argued, "It defies logic to suggest that our founding fathers intended to adopt a First Amendment that would guarantee children the right to purchase a videogame wherein the player is rewarded for interactively causing a character to take out a shovel and bash the head of an image of a human being."

machalraise's picture
On February 26th machalraise said:

If they happen to get away with it, or their mom gets it for them, its the same if a kid gets into an R rated film (which can have more nudity and violence than a MA-17 rated video game) either by sneaking in or having his/her parents buy his ticket.

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keshacoggins's picture
On December 18th keshacoggins said:

California is one of a string of states that recently have enacted similar laws restricting violent and sexually explicit video games legislation that has been uniformly rejected by the courts.The california law said minors must be restricted from buying a violent video game.
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machalraise's picture
On July 27th machalraise said:

If they happen to get away with it, or their mom gets it for them, its the same if a kid gets into an R rated film (which can have more nudity and violence than a MA-17 rated video game) either by sneaking in or having his/her parents buy his ticket

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marcryan71's picture
On October 28th marcryan71 said:

Leeland Yee is a dick. He's always been a dick. He will always be a dick. He's got such a hard-on for government regulation of videogames. Every law he's ever tried to draft has been REJECTED. He should get the clue and focus on real issues facing society. Get kids away from drugs. Get kids away from stupid parents. And STOP trying to regulate videogames. He loves getting his name in the paper. It would be nice if he actually ACCOMPLISHED something. Did I mention yet that he's a dick?

NickgamertagO1's picture
On October 27th NickgamertagO1 said:

"First Amendment that would guarantee children the right to purchase a (mature rated) videogame"

The problem with this and the rest of these people is that they don't state that the ESRB doesn't allow children to buy mature rated games already. If they happen to get away with it, or their mom gets it for them, its the same if a kid gets into an R rated film (which can have more nudity and violence than a MA-17 rated video game) either by sneaking in or having his/her parents buy his ticket. Why isn't the government trying to regulate MPAA's ratings for the same reason? Those ratings aren't government regulated and kids get into R rated films all the time. It just doesn't make any sense. Maybe they just want to get into the news and they know a story like this would get them there. They can get some media attention, and career-wise it might be a good idea. I can't think of any other reason why they keep trying and trying. Even after the ESA sued a few states (and won) for essentially wasting ESA's time/money and tax payer's money (I think california included) they're going to waste even more tax payer's dollars by attempting this ill-advised self-promoting-ulterior motive BS.

carg0's picture
On October 27th carg0 said:

"This is the same technology the armed forces use to help soldiers kill the enemy,"

wow, that's an ignorantly broad and irresponsible generalization. are you kidding me with that bullshit?

i agree with the man that M-rated games shouldn't be sold to kids but you're not gonna get my support with borderline fanatical statements like that. there's a reason why Jack Thompson was recently disbarred...