California ban on sale of 'violent' video games to children rejected - CNN.com - 0 views
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"The First Amendment does not disable government from helping parents make such a choice here -- a choice not to have their children buy extremely violent, interactive games," he wrote. At issue is how far constitutional protections of free speech and expression, as well as due process, can be applied to youngsters.
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Justice Clarence Thomas also dissented, saying the law's requirement of having parents purchase the games for their underage children was reasonable. "The freedom of speech as originally understood, does not include a right to speak to minors, without going through the minors' parents or guardians," he said.
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The motion picture industry has its own self-monitoring ratings system, imposed decades ago after complaints that some films were too explicit for the general audience in what was seen and heard. The gaming industry says its ratings system roughly follows the same self-imposed guidelines, and ratings are clearly labeled on the packaging.
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Efforts in at least eight other states to restrict gaming content have been rejected by various courts. Video game makers have the support of various free-speech, entertainment, and media organizations. Nine states also agree, noting California's law has good intentions but would compel law enforcement to become "culture critics" and "distract from the task of policing actual violence." But 11 other states back California, saying they have enjoyed a traditional regulatory power over commerce aimed at protecting children, including such goods as alcohol and cigarettes.
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The Supreme Court has struck down a California law that would have banned selling "violent" video games to children, a case balancing free speech rights with consumer protection. The 7-2 ruling Monday is a victory for video game makers and sellers, who said the ban -- which had yet to go into effect -- would extend too far. They say the existing nationwide, industry-imposed, voluntary rating system is an adequate screen for parents to judge the appropriateness of computer game content. The state says it has a legal obligation to protect children from graphic interactive images when the industry has failed to do so.