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Supreme Court rules against California Videogame Law photo

Brown vs. EMA, the long-running case to decide the fate of the 2005 Videogame Law, has finally been decided. The law, as you might have already guessed, got struck down like a bitch.

"The act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment," said Justice Antonin Scalia. The law was struck down with a 7-2 majority. 

For over half a decade, politicians in California have been wasting tax dollars on attempting to push an unconstitutional law that has been ruled unconstitutional in every court it's entered. The bill attempts to govern the sale of games to minors by law, and has been argued by many as an attempt single out videogames. 

Rather than work to educate parents, politicians and those opposed to "violent" videogames have always tried to build walls of legislation to hide behind. I guess it's less work to make something outright illegal than to make people think for themselves. Well ... if you can call six years of campaigning "easy."

I guess they better get to work on Plan B, huh?








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82 comments | showing # 1 to 50
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flintmech's Avatar - Comment posted on 06/27/2011 09:24
flintmech
VICTOLY
Nathsies's Avatar - Comment posted on 06/27/2011 09:24
Nathsies
Why am I crying?

No seriously?

I think that's the whole "games aren't a form of expression" thing sorted.
ErbilT's Avatar - Comment posted on 06/27/2011 09:27
ErbilT
After the federal courts beat it down with a stick, I can not say I am all that surprised.

Still, can't believe that I agree with Antonin Scalia on... well, just about anything really.
Monodi's Avatar - Comment posted on 06/27/2011 09:27
Monodi
Well yeah, parents should be aware of what children play. Though I was like 7 years old when I was playing DOOM like every day, so I cannot make a point on myself.
JReaper617's Avatar - Comment posted on 06/27/2011 09:27
JReaper617
Finally...i guess you could say that Schwarzenegger's original Case was..."terminated"
Xeo's Avatar - Comment posted on 06/27/2011 09:28
Xeo
It's almost comically ironic that two EXTREMELY violent video games released back to back in the week this first started (Shadows of the Damned & F.E.A.R. 3). I only wish something ultra violent released tomorrow after it ended.
LibrarianMike's Avatar - Comment posted on 06/27/2011 09:30
LibrarianMike
I'm not surprised by the result, bit I wish the ringleaders were given a massive fine for wasting the court's time.
TheStripe's Avatar - Comment posted on 06/27/2011 09:31
TheStripe
@Karuto - the industry's self-regulation is still the best, and I haven't seen a kid get an M rated game in quite some time. I'm damn near 30, so no one cards me, but I know the local gamestops and targets take the ESRB seriously. Of course, there's always Steam, and ignorant, complacent parents, so, whatevs.

What's the most disturbing about all of this is that some other state is going to try again. The rabid republican base gets off legislating "family values," and this is a hallmark of the decline of youth. Other states will openly WASTE TAXPAYER MONEY, and it will be done by the deficit hawks currently gutting public schools. Assholes.
Sexualchocolate's Avatar - Comment posted on 06/27/2011 09:32
Sexualchocolate
This seems so fucking retarded to me.

But I'm from the UK where, get this crazy idea, it's illegal to sell an 18+ rated game to someone under 18. Fucking nuts eh?

I mean sure, it's ultimately the parents who should be keeping an eye on shit, but when Mummy says no, over here it means no, over there it means you have to get the money together and buy it yourself.

Is it the same for films? Like could a 10 year old go and buy The Human Centipede on DVD?

I don't care how they do it, just so long as it's on par with how they deal with and respect age ratings on films.

I'll let California off though, because of all places, they've been pretty pro-pot recently.
Janklogs's Avatar - Comment posted on 06/27/2011 09:36
Janklogs
Further proving that celebrities should never be involved in politics (baby-daddy issues notwithstanding).
MrFunsockz's Avatar - Comment posted on 06/27/2011 09:42
MrFunsockz
@Sexualchocolate

There are a lot of things in place here to prevent the sale of mature games to kids, but the biggest thing with this lawsuit was it could have dampened the way the industry works, changing the games EVERYONE gets, because now games wouldn't be a form of art, they'd be drivel.

Here, trying to buy a game, you usually have to show ID, and if you aren't old enough, chances are you won't get it, while its not necessarily a law, its still something enforced. It just so happens that parents tend to listen to what their kids want more than what the clerk at the store tells them.

When I used to work in game sales, if a parent or grandparent was buying a game for a youngster, I used to tell them one of the worst things the player can do in the game, "GTA3? Well your kid is going to be able to have sex with a hooker, then beat her to death to get his money back." Putting it into blunt terms like that to a parent always works.
Xzyliac's Avatar - Comment posted on 06/27/2011 09:43
Xzyliac
@Sexualchocolate
It's self-regulation over here. The stores are required to regulate so if a 10 year old wants to buy The Human Centipede the cashier just look at them and be like "Uhh...no."

And it's something that's taken very seriously. For most places when a cashier scan and M-rated game, R-rated movie, or Explicit Lyrics labeled CD a little prompt shows up that doesn't let you continue you hit enter that says "Yo, they're 18 right?" So the cashier has NO excuse not to know. And if a kid does get something inappropiate that their parents don't want in the house they'll come bitch out the manager, who'll look at the receipt and see who sold it, who'll bitch out the employee who may at best lose hours and at worst lose their job.

The self-regulation here has actually proven to be really effective. It's just unconstitutional for the government to try to regulate it. Which is a thing I'm more than okay with.

Didn't expect this law to go anywhere. It's too easy of a case to decide.
MisterJumpMan's Avatar - Comment posted on 06/27/2011 09:44
MisterJumpMan
Thank god. That was law was such a waste of time and money. I love my state, but it is run unbelievably poorly.
NickCull's Avatar - Comment posted on 06/27/2011 09:44
NickCull
New York legalizes gay marriage, Supreme Court abolishes anti-video game law, freaking awesome! So about that marijuana prohibition... :)
Monodi's Avatar - Comment posted on 06/27/2011 09:44
Monodi
I wish I could say something else at the moment because I know this is a huge thing, actually; however I am very numb-minded right now due to a lack of sleep, so yeah.
Brett Zeidler's Avatar - Comment posted on 06/27/2011 09:45
Brett Zeidler
This bullshit was really still going on? Ugh, there's far too many other important things they could be debating on these days.


'Merica.
Xzyliac's Avatar - Comment posted on 06/27/2011 09:45
Xzyliac
@Sexualchocolate
Pardon the typos. Just woke up and I'm on the ol' mobile.
pokota's Avatar - Comment posted on 06/27/2011 09:46
pokota
It never made sense to legislate game sales differently from other forms of media. I still don't believe they thought it would slip through the courts. It's very obviously unconstitutional. My guess is that it passed politically because people were afraid of public fallout if they voted against it. Really, it was just a grandstanding move, in the end, designed to show parents groups that they were fully behind "family values".
The Silent Protagonist's Avatar - Comment posted on 06/27/2011 09:49
The Silent Protagonist
I'll take it as a small victory in the wake of some really shitty decisions by the Supreme Court lately, but I think we all knew it was destined to be shot down since it would lead to all sorts of free speech infringements.
Ilostmycookie's Avatar - Comment posted on 06/27/2011 09:53
Ilostmycookie
It doesn't conform with the first amendment? I could have told you that. How did this get to court again?

Other then that, WAAAAHOOOOO WE WON. F* YOU CALI.
Sexualchocolate's Avatar - Comment posted on 06/27/2011 09:55
Sexualchocolate
Thanks for the clarification fellas.

So from the sounds of it it's a pretty pointles thing anyway.

Maybe I'm just used to living in the Nanny State, but rules being legally enforced is something I'm totally used to over here.

There is very little over here that is "self regulated" It's a case of it's either legal or it's not.

Over here if the law was the same as you guys have over there you would have managers telling store clerks to sell anything to anyone because of profit, unless there was a law in place to stop them, which, there is.

So yeah, glad you're government is no longer wasting cash on something it doesn't need!
amtalx's Avatar - Comment posted on 06/27/2011 09:56
amtalx
So we can start raping and pillaging now, right?
Gengario's Avatar - Comment posted on 06/27/2011 10:00
Gengario
Just checked the decision to see who the 2 dissenters were. Apparently they were Clarence Thomas and Stephen Breyer. I'm kind of surprised, actually; those two are like ideological opposites.
Epic-Kx's Avatar - Comment posted on 06/27/2011 10:00
Epic-Kx
California: as stubborn as a bag of Valencia oranges.
funkonaut's Avatar - Comment posted on 06/27/2011 10:02
funkonaut
Gotta love how liberals (why do we call them that? They're really socialists) have no idea what the Constitution is all about and do everything they can to try and tell us what to do.

Socialists and anti-Constitutionalists are probably the greatest threat we've ever had to our freedoms.
amtalx's Avatar - Comment posted on 06/27/2011 10:04
amtalx
@funkonaut:
Calm the fuck down and be happy.
Xzyliac's Avatar - Comment posted on 06/27/2011 10:05
Xzyliac
@Sexualchocolate
That's becuse we're America and we fucking rule bitch. We're also lawsuit happy and scared of each other.
THISISSPATA's Avatar - Comment posted on 06/27/2011 10:14
THISISSPATA
I ve been playing M rated games and watching R rated movies since I was 10 and it never affected me in a bad way what's with all the rules!?
CelicaCrazed's Avatar - Comment posted on 06/27/2011 10:14
CelicaCrazed
Now we should all go throw teabags at the houses of people who tried to pass this law >:D
josmeister's Avatar - Comment posted on 06/27/2011 10:23
josmeister
That law was fucking ridiculous anyway. Over here not even alcohol is that regulated, most children can buy it anywhere without problemz.
HawkeyedOne's Avatar - Comment posted on 06/27/2011 10:24
HawkeyedOne
YAY! TODAY IS A GOOD DAY FOR THINGS THAT ARE GAMES!
Judas's Avatar - Comment posted on 06/27/2011 10:27
Judas
It was a stupid case to begin with, at least common sense won here.
phoebus's Avatar - Comment posted on 06/27/2011 10:27
phoebus
Don't make the mistake of thinking only Republicans and right-wingers try to pass this sort of thing- I mean, Scalia wrote the majority decision. It's more a case of opportunism- if Democrats think this sort of thing will win them points with voters for "protecting the children," they'll certainly go for it.
NeuroChems's Avatar - Comment posted on 06/27/2011 10:37
NeuroChems
The entire unfounded stigma of violence in video games is one of the things surrounding this medium that grinds my gears most. Not only does it waste Californian's tax dollars, it wastes millions of research dollars around the world yearly with people trying to prove that they make teenagers violent. I keep an eye on the literature for my studies and my blog (shameless plug), and for at least every 4 articles about violence there is one that actually has scientific merit. Expect a full-sized rant soon. Anyway, well done court
UltorOscariot's Avatar - Comment posted on 06/27/2011 10:41
UltorOscariot
Bill of Rights FTW
pokota's Avatar - Comment posted on 06/27/2011 10:53
pokota
@funkonaut

Let me say first that I hate politics, and I think political groupies and pundits are self-delusional and willfully ignorant. Second, let me next say that your misuse of socialism as a concept makes me fucking cringe. Holy god, stop getting your information from political entertainers. I'm sick of political dumbasses misusing terms so they can lead idiots around by the nose. It's classic politics 101 to associate a term with a negative connotation with something that is only superficially related. Ugh.
joshscorcher's Avatar - Comment posted on 06/27/2011 11:06
joshscorcher
That's one point for democracy.
Gorescream's Avatar - Comment posted on 06/27/2011 11:15
Gorescream
oh look, american politics.

good news anyways.
Mr Andy Dixon's Avatar - Comment posted on 06/27/2011 11:17
Mr Andy Dixon
Only thing the current Supreme Court seems to care about is the First Amendment. Sometimes that means bullshit like overturning McCain-Feingold, and sometimes it's something positive like this.

But hey, I'll take what I can get!
Onyx Leo's Avatar - Comment posted on 06/27/2011 11:18
Onyx Leo
Eff yes.
Kushaba Akami's Avatar - Comment posted on 06/27/2011 11:21
Kushaba Akami
Ha! This goes to show that using a scapegoat to pass a law will never work in this country!
Mr Andy Dixon's Avatar - Comment posted on 06/27/2011 11:29
Mr Andy Dixon
@funkonaut

"Gotta love how liberals (why do we call them that? They're really socialists) have no idea what the Constitution is all about and do everything they can to try and tell us what to do."

I'll remember that the next time I'm burning an American flag in protest of something.

Also, you don't seem to know what a socialist is, so you should probably stop calling people that like it's an insult.
ShotgunDiplom4t's Avatar - Comment posted on 06/27/2011 11:29
ShotgunDiplom4t
I bet Leland Yee is shittin his +3 pants right now.

WE WIN!
M47R1X's Avatar - Comment posted on 06/27/2011 11:39
M47R1X
I'm still not sure how I feel about this. I've seen little kids nab up Grand Theft Auto titles because they're mom wasn't paying attention to the sales clerk, and the little bastard gets the game. That seems a little wrong.

On the other hand, I've been ripping out spines since I was seven, so I can't defend that law, least I be a hypocrite. So I will give this a solid "huh."
funkonaut's Avatar - Comment posted on 06/27/2011 11:39
funkonaut
@mrandydixon Socialist should be a dirty word in America. If you want socialism, go to one of their failed countries. Free speech and capitalism made the US the greatest country in the world. Socialism will destroy it.
VGFreak1225's Avatar - Comment posted on 06/27/2011 11:45
VGFreak1225
It's over...for now. Lord knows we're still gonna run into crap like this, but if the Supreme Court says it's unconstitutional, maybe it'll get some people to back off.

And thank goodness. I'd hate to see the kind of effects it would have on the industry. And we wouldn't be the only ones effected, either. I'm just glad we can put it behind us.
Novatide's Avatar - Comment posted on 06/27/2011 11:48
Novatide
Today is certainly a good day.
knutaf's Avatar - Comment posted on 06/27/2011 11:49
knutaf
What I like (in addition to the ruling) is how thoroughly and specifically they counter-argued it.
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