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California Game Ban to Go to Supreme Court
Posted by Ryan Skees, 187 days ago May 20, 2009 22:55

Despite being deemed unconstitutional by courts twice now, the California ban on the sale of violent video games to minor still has some life left in it. According to Game Politics, the California State government is sending the case to be considered by the United States Supreme Court.

The bill was originally sponsored by California State Senator Leyland Yee in 2005. The bill was signed into law by Gov. Arnold Schwarzenegger in October of the same year, triggering a lengthy court battle that has now reached the highest levels of judiciaries.

The law wasn’t able to go into effect due to an injunction put in place by U.S District Court Judge Ronald Whyte. The law was later permanently put out of commission when Judge Whyte declared the law to be unconstitutional. Gov. Schwarzenegger sent the case to the U.S. 9th Circuit Court for appeal. The three judge panel chose to uphold the earlier ruling by Judge Whyte. This left the Supreme Court as the last route available to the State, a route that Schwarzenegger has taken.

On his decision, Schwarzenegger commented. “I signed this important measure to ensure parents are involved in determining which video games are appropriate for their children. By prohibiting the sale of violent video games to children under the age of 18 and requiring these games to be clearly labeled, this law would allow parents to make better informed decisions for their kids. I will continue to vigorously defend this law and protect the well-being of California’s kids.”
Leyland Yee, the original sponsor of the law, said via his press release “I am hopeful that the Supreme Court – which has never heard a case dealing with violent video games – will accept our appeal...

Passing this law was not easy and thus we should not expect the court proceedings to be any different. The multi-billion dollar video game industry relies on the revenue generated by the sales of these extremely violent games to children; thus they have the desire and resources to fight this cause at every turn. Despite their high-priced lobbyists, they were unsuccessful in the Legislature and despite their high-priced lawyers, I am hopeful they will inevitably face the same fate in the courts.
The Justices will be meeting in private on whether to consider the appeal at a later date. If four out of the nine justices agree to grant the petition the appeals process will move forward, otherwise it will end there.

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