“Score one for us!” was the first thing Haoson blurted out in our online conversation when this particular piece of news showed up in our feeds. The U.S. Supreme Court just recently inflicted a hyper combo finish on California’s state law banning the sale of violent video games to minors and making the said activity a criminal offense should violators get caught.
By citing The First Amendment, seven out of nine Supreme Court justices have found the said state law to be unconstitutional:
Like the protected books, plays, and movies that preceded them, video games communicate ideas-and even social messages-through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection. Under our Constitution, “esthetic and moral judgments about art and literature . . . are for the individual to make, not for the Government to decree, even with the mandate or approval of a majority.”
Other lower courts, such as the Northern District of California Court and Ninth Circuit Court of Appeals have found the California law to be unconstitutional. On the other side of this fence, Justices Thomas and Breyer had this to say:
The practices and beliefs of the founding generation establish that “the freedom of speech,” as originally understood, does not include a right to speak to minors (or a right of minors to access speech) without going through the minors’ parents or guardians. I would hold that the law at issue is not facially unconstitutional under the First Amendment, and reverse and remand for further proceedings.
We’ll have more on this as it develops down the line. Still, we’re glad to know that our favorite hobby and the reason why we’re all here is considered as a legitimate form of media with all the rights and protection that the First Amendment can afford it. In my case, this also makes for really relevant news for my Journalism class.
And finally, I’m sure you’re wondering how this affects us, the Filipino gaming populace. Think about it, if the law ever made it through, our local legislature could get the same idea and try to severely limit or even outright ban computer and video games? Now, would any of us want that? Hell no, I’m sure. So, lets all consider this a victory for all gamers, regardless of allegiances and interests.
Check out the entire document of the decision HERE
Source:[Joystiq]