Groups Sue CA Over Video Game Law
Trade groups representing video game manufacturers filed suit in a San Jose, Calif. U.S. District Court Monday, hoping to overturn a law banning the sale of violent video games to minors in the State of California.
Governor Arnold Schwarzenegger signed the law on October 7. While Schwarzenegger said he supported the video game industry, such a law was necessary in order to protect children from violent material. Also, it was reported that many in the legislature were swayed by the Grand Theft Auto scandal this summer.
A $1,000 fine would be imposed on any gaming retailer in the state who sells a violent game to customers under 17. The law takes effect on January 1, 2006.
The two groups, the Video Software Dealers Association (VSDA) and the Entertainment Software Association (ESA), claim the law violates a game maker's First Amendment rights to free speech, and provides no clear method for determining which games are violent and which are not.
"Under [this law], juries would be called on to decide, on a case-by-case basis, whether a particular video game meets the definition of a 'violent video game'," VSDA president Bo Andersen argued in a statement.
"One jury may find that a particular game is a 'violent video game,' and another jury may find that it is not. Thus, no one could ever know with certainty whether a particular game would be found to be a 'violent video game'."
The group said it feels confident it will be successful in having the law overturned. Indianapolis, Saint Louis County, and Washington state all had similar laws that were thrown out on First Amendment grounds.