California Video Game Law, Once Again, Found Unconstitutional

from the try-try-again dept

Some California politicians keep running into a pesky obstacle: The US Constitution. Despite court after court across the country finding bans on sales of violent video games to minors to be unconstitutional, "think of the children" politicians continue to try and implement them. In California, legislators passed such a ban and, predictably, it got tossed out by a court. Led by Governor Arnold Schwarzenegger, the state appealed the ban to an appeals court, which -- you guessed it -- has ruled that it's unconstitutional. But the bill's author is undeterred. He wants the state to appeal the ruling to the Supreme Court and waste more of the cash-strapped state's resources to find out what we already know, but apparently bears repeating: these video game bans are unconstitutional.
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Filed Under: bans, california, constitutional, violent video games


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  • identicon
    Harper, 20 Feb 2009 @ 3:15pm

    It's time

    I've been thinking about this for a long, long time... finally I think the time has come to institute a new change in American politics. What I am proposing is that any law maker who puts forth a bill that is clearly unconstitutional (State or Federal) be forced to appear before a Judge in a special court to be tried for a deliberate attempt to circumvent the rights and privileges of natural citizens of that state or even Federation for the actual USG.

    If found guilty that law maker should be debarred from ever serving the people of that state or the Federal government ever again. Because it's one thing to repeatedly propose a law and failing, that's just stupid. But to propose it repeatedly after its been found unconstitutional is practically treason.

    FYI, we could also propose the same system be enacted for Agencies of the Federal government so much so that if they propose a law that infringes or impedes the people's natural rights under the Constitution that they too are held accountable and reviewable by proper check and balance which is actually engaged in the law making process (i.e. the courts) and is held accountable.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 20 Feb 2009 @ 3:50pm

      Re: It's time

      I concur. Living in California I'm dreading the budget they just passed and they are just wasting more and more of my money. Thanks Govenator

      link to this | view in chronology ]

  • identicon
    Its me, 20 Feb 2009 @ 5:45pm

    Of course its ok

    Everytime this comes up, I'm blown away at how you bad mouth it. We can control what movies kids can purchase or rent, why not video games? WHY NOT? Its fine with me if their parents want them to have these, let the parents get them. Its a load of boloney that its unconstitutional. Of course its ok to put in place laws that keep minors from buying certain things without parental consent.

    link to this | view in chronology ]

  • identicon
    Its me, 20 Feb 2009 @ 7:45pm

    ok

    After an hour of working on it, I don't have a strong response. Fine, its not constitutional. I suppose I'm just one of those that wonders why people have to create the violent hate-filled content. I'm certainly not against the concept of free speech. I just don't understand why some people feel a need to say certain things :)

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 20 Feb 2009 @ 8:09pm

      Re: ok

      "I just don't understand why some people feel a need to say certain things"

      You are not alone in that regard.
      However, we do not need more laws that will only screw things up even worse - my two cents.

      link to this | view in chronology ]

    • identicon
      Michael Whitetail, 20 Feb 2009 @ 11:14pm

      Re: ok

      See this is what most people do not understand about the Right to Free Speech. In order for me to have and exercise that right, I must not only allow, but support all of my fellow Americans in their right to free speech. Whether I agree with their expression or not.

      As Ben Franklin said once, "We must ... all hang together or, most assuredly, we shall all hang separately" That quote fits the situation most admirably; If we don't support each others rights together, then we will loose them all, one at a time.

      link to this | view in chronology ]

  • identicon
    Thomas Wahl, 22 Feb 2009 @ 7:24am

    Courtroom Carnage

    We need more "good" video games for kids. How about "Courtroom Carnage" where youngsters can attack and kill judges & lawyers with large knives and guns. They get points and free plays by killing the people that Interpolate and enforce laws. Sounds like great fun. Lets train them well, and show the little ones what free speech is all about. CHOP CHOP CHOP HACK HACK HACK KILL KILL KILL. Sounds to me like something every child should be exposed to.

    link to this | view in chronology ]

  • identicon
    maria patino, 11 Jun 2009 @ 12:07pm

    mother against video games

    what can parents or people in general do to change or to inforce the law to ban the use of violent video games to minors.

    link to this | view in chronology ]

    • identicon
      Zac, 22 Jul 2009 @ 6:13am

      Re: mother against video games

      I am a gamer and the vast majority of the games that i play are of the violent type, and i can assure you that i am the least violent of a person; in fact the of the people i know that are violent types dont even associate with video games.

      Parent need to take their own responsibility and teach their kids that video game are nothing more or less then interactive forms of art, not to be confused with every day life. Its your responsibility as a parent, and no one else.
      Plus its morally unjust to force you will upon the free will of others.

      link to this | view in chronology ]


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