In a seven to two vote, justices rule law violates protected freedom of speech rights.
The United States Supreme Court ruled today that California cannot restrict the sale of violent video games to minors. In a seven to two vote, the justices deemed California's law infringed upon First Amendment rights and put the state in a position where it would have the authority to restrict the ideas to which people are exposed.
The ruling on Brown vs. the Entertainment Merchants Association put an end to California's six-year-long effort to make it a crime for retailers to sell or rent video games loosely defined as "violent" to anyone under the age of 18.
"Video games qualify for First Amendment protection," the justices stated in their opinion. "Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium. And the basic principles of freedom of speech do not vary with a new and different communication medium."
"This country has no tradition of specially restricting children's access to depictions of violence. And California's claim that 'interactive' video games present special problems, in that the playe rparticipates in the violent action on screen and determines its outcome, is unpersuasive."
Justice Antonin Scalia delivered the opinion of the majority, which included Justices Anthony Kennedy, Ruth Ginsburg, Sonia Sotomayor, Elena Kagan, Samuel Alito, and John Roberts. Justices Clarence Thomas and Stephen Breyer filed dissenting opinions.
"The practices and beliefs of the founding generation establish that 'the freedom of speech,' as originally understood, does not include a right to speak to minors (or a right of minors to access speech) without going through the minors' parents or guardians," Thomas wrote.
Read the full SCOTUS ruling in PDF form.
"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."
California state Senator Leland Yee, co-author of the original legislation, responded to the ruling with harsh words for the Supreme Court.
"Unfortunately, the majority of the Supreme Court once again put the interests of corporate America before the interests of our children," Yee said in a statement. "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. 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."
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