Monday, June 27, 2011

U.S. Supreme Court Strikes Down California Violent Video Games Law

The Supreme Court ruled this morning, 7-2, to strike down the California law authored by Leland Ye and signed by Arnold Schwarzenegger in 2005 to ban the sale of "violent" video games to minors. The law was halted from being enacted in 2010 when a federal judge deemed it unconstitutional, but the Supreme Court wanted to take a closer look at the case. The court even said the existing ESRB rating system is adequate enough and an effective means for parents to control the games their children play. Judge Antonin Scalia wrote for the majority the following:
"As a means of assisting concerned parents it (the law) is seriously overinclusive because it abridges the First Amendment rights of young people whose parents (and aunts and uncles) think violent video games are a harmless pastime." -Supreme Court Justice, Antonin Scalia
Stephen Breyer and Clarence Thomas dissented, Breyer writing for the dissent:
"The First Amendment does not disable government from helping parents make such a choice here -- a choice not to have their children buy extremely violent, interactive games," -Supreme Court Justice, Stephen Breyer
But the other justices disagreed very much so with Breyer and Thomas, Scalia noting that the law reminded him of the numerous attempts by governments to ban comic books, movies, television, music lyrics, Grimm's Fairy Tales, and Snow White for their violent content. Clarence Thomas was much more blunt in his opinion of the First Amendment, sure to incite anger amongst all minors:
"The freedom of speech as originally understood, does not include a right to speak to minors, without going through the minors' parents or guardians," -Supreme Court Justice, Clarence Thomas
I don't know where the fuck Thomas pulled that logic out. Minors have no right to free speech? YOUR OWN SUPREME COURT DISAGREES WITH THAT. As "originally understood'? Here is the text of the First Amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." -Amendment I, U.S. Constitution
Note that in the line about free speech, there isn't even a mention of the word "people." In fact, the only distinction the Constitution ever makes about age is the required age to run for congress and president, and the voting age (which has been frequently amended).

This news doesn't just affect minors, it affects adults who get carded for buying a fucking video game at places like Best Buy. Seriously, when I buy an M-rated game at Best Buy, I get carded because "it's store policy". Well fuck their store policy, the Supreme Court says my non-existing 5 year old son can buy Duke Nukem Forever if he chooses.

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