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Monday
Jun272011

Take that Senator Lee! Supreme Court finds Ca's Assembly Bill 117 Unconstitutional 

(Update: Added in Statements from the Entertainment Software Association (ESA))

(Update #2: Added in statements from Entertainment Merchants Association (EMA))

(Update #3: Added in statement from Senator Yee)

After 5-6 years of Cailfornia trying force the  Assembly Bill 117 into law, a bill that would have given the state the power to govern over the sales of video games, the Supreme court has found that bill to be  unconstitutional with a 7-2 majority. 

The reason, according to Justice Antonin Scalia, is that "The act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment."

You can hover read the fill court case in the pdf file the released. 

No word yet from the Entertainment Merchants Association (or the EMA for short) of there poinion but since they have been battleing Cailfornia over the bill expect this news post to be upaded when they do.

The The Entertainment Consumer Association (ECA) did have a few things to say about today's rulling:

"We are thrilled by today's news," said Jennifer Mercurio, VP & General Counsel of the Entertainment Consumers Association. "We had hoped that we would see this decision, and it's been a long time coming. That being said, there will probably be one or two legislators who attempt to test these new parameters, and the ECA will continue to fight for the rights of entertainment consumers."

The Entertainment Software Association (ESA) also had a few things to say:

"This is a historic and complete win for the First Amendment and the creative freedom of artists and storytellers everywhere. Today, the Supreme Court affirmed what we have always known – that free speech protections apply every bit as much to video games as they do to other forms of creative expression like books, movies and music," said Michael D. Gallagher, president and CEO of the ESA. "The Court declared forcefully that content-based restrictions on games are unconstitutional; and that parents, not government bureaucrats, have the right to decide what is appropriate for their children."

Bo Andersen, CEO of Entertainment Merchants Association (EMA), has also released a statement about today's court Rulings:

"EMA welcomes today’s Supreme Court ruling that let stand the Court of Appeals’ decision finding the California video game restriction law to be unconstitutional," said," Bo Andersen, CEO of Entertainment Merchants Association. :We are gratified that our position that the law violates the First Amendment’s guarantee of freedom of expression has been vindicated and there now can be no argument whether video games are entitled to the same protection as books, movies, music, and other expressive entertainment."

“While we appreciate this victory in the court of law, it does not obviate the concern that parents may have about the appropriateness of some video games for their children," he continued. "But, as the Court noted, the ESRB rating system for video games ‘does much to ensure that minors cannot purchase seriously violent games on their own, and that parents who care about the matter can readily evaluate the games their children bring home.’"

And what did Senator Lee himself say about today?:

"As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids' mental health and the safety of our community," Yee said. "It is simply wrong that the video game industry can be allowed to put their profit margins over the rights of parents and the well-being of children." (Wait, you wanted to "stop" the gaming industry from over stepping the rights of parents by creating a law that would have over step the rights of parents? Sorry Senator but I'm not buying into that bs.)

Will this be then end of every anti-gaming laws in the US? No. There will still be people trying to assert power over the industry because somebody wants to "think about the children!" This is, however, a huge blow to such things and it will definitely make such laws like this harder to pass.

 

Source: Gamepolitics.

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