It isn't the video game industry that isn't following rules, it's stupid retailers.
I look like I'm around 16 or 17 (I'm 23), but I only get carded about half the time when I buy M rated games. I get carded EVERY time when I buy R rated movies.
I can understand what they want here but they are totally missing the source of this problem and playing the easy "it's the game industry's fault!" card.
That being said, I'm from California, and I've really liked what Schwarzenegger has been doing for the most part, but this is just really retarded.

i got nothing, but I concur.

Pussification of America... it's not good for anybody.

UglyDuck: I'll let an American talk constitution, but my personal issue with this game is the fact that it's an unnecessary waste of energy and money. The law won't change anything. The game industry already abides by the ESRB voluntarily, and whether it's controlled by the government or not won't stop stupid retailers from selling to minors. Just look at the UK. There are plenty of punishments for selling booze, smokes and other materials to minors, but that hasn't stopped kids being able to get their hands on the stuff.

This is essentially a law to reinforce something that is already in effect, except it gives more power to people who shouldn't really have it. The fact that the government claims to have no money, yet governors can throw money around like water for any pet project they desire, thoroughly sickens me.

Facepalm engaged.

@ UglyDuck:

Without actually looking over the brief I can only assume that the constitutionality has some basis in the 14th amendment and the equal protection clause of same. Basically, equal protection has been expanded to include businesses being classified as "people" and therefore act as a citizen in the eyes of the court. Since this law is attempting to single out the video game rating system and only penalize the video game industry, they are being unfairly singled out. Since the movie industry has the same type of rating system that is voluntarily agreed upon, and is not backed up by any sort of law or punishment that can be enforced with a fine/jailtime from the actual state, the courts can't let the movie industry continue on a voluntary basis while making video games forcibly regulated. Therefore, the "rights" of the video game industry are being violated.

kinda clear? it's all murky crap.

@Shadowiii

I completely agree with you. This is an issue that's happening at the retail level, not at the game development level.

I've gone through the ESRB ratings process many times, and their ratings standards are as stringent or MORE stringent than the movie industry. There have an ESRB descriptor for "Comic Mischief", for crying out loud. I can think of several popular children's books that wouldn't even make the E rating.

Seems to me SOMEONE is feeling a little guilty for contributing to our love of blowing things up.

p.s. It's not a toom-ah.

Watch out. He will TERMINATE anyone who opposes his law.

Cali needs more weed.

If the PTC focused it's efforts on punishing the retailers directly with boycotts and smear campaigns until they held up the industries rating system, they'd be able to exact real change. Instead, they're wasting legislators' time, the high court's time, and millions of taxpayer dollars. Shit, families with children don't even pay as much federal tax as a couple without. Fuck the PTC. I'll raise my child how I see fit. Stop trying to use my money for things I disagree with. You want to waste your time on boycotts putting presure on businesses to help parent children whose parents aren't, go ahead. But this pissing away of public funds during a global recession us unacceptible.

@ Im OK

And that is exactly why the proposed law was declared unconstitutional, forcing California to appeal to the Supreme Court, those examples do not happen.

It's much ado about nothing anyway, the Supreme Court won't take this case, it will die until the Parent's Group makes another publicity grab.

Funny thing is Jim, that's really NOT a minigun. It was a prop made from the parts from a helicopter gun turret. Or at least that's the story I've heard.

I'm so happy Arnie decided to jump into the debate...Lord knows he has nothing going on in the great state of California, like a 21 BILLION $ deficit. Why not try to use up what little money is in the coffers wasting time with video game legislation. It isn't like they've had to resort to cutting state employees work hours to help keep people employed...Oh yeah, they did that too...

Nothing says necessary legislation like video game violence...

Arnold's political career is at an end. Can't run for re-election, has absolutely zero support from the republican party for a congressional race (not that they could afford to give it to him) and had the unfortunate position of being the fall guy for an already dire economic situation in California. Frankly, I'm surprised he managed to do as well as he has under the circumstances.

I'm not sure I agree with the statement that this law is unconstitutional. It wouldn't violate the first amendment in that it isn't outright banning the availability of such content, merely restricting it to those considered in the age of majority. And the first amendment would be the one any lawyer would be going for because I honestly can't see the fourteenth coming into play in any relevant fashion despite what BudBoy311 suggests.

The thing is, I feel like organizations such as the PTC are going about this all wrong. If they want to affect the industry, go directly at the industry. The only thing corporations respond to is profit. Affect their profits and you can affect the way they do business. I think that the money put forth by the PTC (and other groups of this nature) in lobbying politicians could be much better spent informing consumers about the "dire threat" that videogames pose for the nation's youth and encouraging a boycott. That would be the effect, at least, if the majority of people who buy videogames weren't already above the age threshold.

It just kills me because I know that the organizations which oppose such things consist mostly of Republicans. You would think that for all they love the market economy, they would stay the fuck out of an industry that continues to exhibit growth even under bad economic conditions. Or, at the very least, stick to the "less governmental interference" policy that was the backbone of the party. Just goes to show what happens when you let a little religion mix with your politics.

@ Conrad - I'm shocked that these groups would try to fight it out with legislation and waste what monies they have on such a pricey way to push their agenda. If these groups took a long hard look at the way they conduct themselves, I would like to think that sanity would prevail, and see that a more 'grass roots' approach would serve everyone involved better.

It would make more sense, at least to me, if these groups pooled their resources and got together with the Parent Teacher Association on a national level to put together a comprehensive package that would inform parents on games and their ratings. Nowadays it doesn't take much to put together a website...And in doing that, with the help of the PTA, could help give parents this tool through meeting and functions that are already held at schools nationwide.

Updating the site on a weekly basis, giving information on what is coming out, what it's rating is and why it is rated E/T/M would do wonders to give parents as much info as possible. You would figure just about every home has internet access in one form or another, so being able to give out a web address in PTA flyers, or in the flyers given through churches/temples/mosques each week could only help...

But that wouldn't put peoples names in the paper, or faces on tv...There are too many self serving folks. If there wasn't, something like I've described would already be in place.