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Schwarzenegger's Anti-Video Game Law Nullified
The United States Court of Appeals for the Ninth Circuit for the state of California ruled on Friday that legislation restricting the sale of violent video games violates the First and Fourteenth amendment rights of free speech and equal protection.
Three judges reviewed the case, Video Software Dealers Association v. Schwarzenegger, et al., and invalidated Civil Code 1746-1746.5, which California Governor Arnold Schwarzenegger had signed into law (formerly AB 1179) on October 7, 2005.
Code 1746 had prohibited the sale of a violent video game (refer to the code for the definition) to a minor, punishable by a fine of up to $1,000.
The appeals court, however, upheld that video games "are a form of expression protected by the First Amendment" and that "minors are entitled to a significant measure of the First Amendment protection," referencing Interactive Digital Software Association v. St. Louis (2003) and Erznoznik v. City of Jacksonville (1975).
The decision also found that "when the government seeks to restrict speech 'it must demonstrate that the recited harms are real, not merely conjectural, and that the regulation will in fact alleviate these harms in a direct and material way,'" citing Turner Broadcasting System, Inc. v. Federal Communications Commission (1994).
One might remember Gov. Schwarzenegger's career, prior to his term in office, as a Hollywood movie star where he portrayed a sword-wielding "barbarian," a "commando," a mercenary fighting a headhunting alien, and a time-travelling cybernetic organism programmed with an expertise in "terminating" humans (in three films), among other roles.
Et tu, you big brute?
Three judges reviewed the case, Video Software Dealers Association v. Schwarzenegger, et al., and invalidated Civil Code 1746-1746.5, which California Governor Arnold Schwarzenegger had signed into law (formerly AB 1179) on October 7, 2005.Code 1746 had prohibited the sale of a violent video game (refer to the code for the definition) to a minor, punishable by a fine of up to $1,000.
The appeals court, however, upheld that video games "are a form of expression protected by the First Amendment" and that "minors are entitled to a significant measure of the First Amendment protection," referencing Interactive Digital Software Association v. St. Louis (2003) and Erznoznik v. City of Jacksonville (1975).
The decision also found that "when the government seeks to restrict speech 'it must demonstrate that the recited harms are real, not merely conjectural, and that the regulation will in fact alleviate these harms in a direct and material way,'" citing Turner Broadcasting System, Inc. v. Federal Communications Commission (1994).
One might remember Gov. Schwarzenegger's career, prior to his term in office, as a Hollywood movie star where he portrayed a sword-wielding "barbarian," a "commando," a mercenary fighting a headhunting alien, and a time-travelling cybernetic organism programmed with an expertise in "terminating" humans (in three films), among other roles.
Et tu, you big brute?
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Joe McCarthy
10:28PM 10:28PM Feb 21st 2009
So lets see, it's ok for the Supreme Court to violate my 1st. Amendment right to call somebody a n*gger by creating a so-called "hate speech" law. But it's ok for these companys to advocate senseless violence and influence America's youth to become street criminals and gang-b*ngers. Gee, thats sounds pretty f*cked up to me.
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Bob Balliet
7:53PM 7:53PM Feb 22nd 2009
I agree with you ... in addition, we all know what the Supreme Court would say about somebody mentioning God in a public school. Yet, expressions of senseless violence is constitutionally protected. "Who will rid me of these pain-in-the-butt jugdes/lawyers"?
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Joel
3:46PM 3:46PM Feb 22nd 2009
Who the heck does this imbecile think he is to restrict the sale of violent video games when he himself was a violent character in some of his movies like um......... "The Terminator"???
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Joe McCarthy
8:32PM 8:32PM Feb 22nd 2009
Joel, why do you think they put "ratings" on movies? So that people under-age can't go see them...HELLOOOO !!! These games are sold anywhere, to anyone. Now you've got these f*cking idiot kids walking around imitating the games they play thinking it's real life...shooting people in the back of the head, just to see what it's really like. Great for our society. If parents spent more time with their children, there wouldn't be any need for video games.
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OBAMA 2012!!
6:56PM 6:56PM Feb 22nd 2009
The irony of Ar-nuld campaigning for McSame, now forced to go to DC and beg Obama for a bailout, after flying the California economy, the ninth largest in the world, into the ground. Typical Republican. Watch how fast he raises taxes, to try to bail himself out of that mess.
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keenanb84
2:07AM 2:07AM Feb 23rd 2009
I agree with Arnold. In Michigan to purchase a mature rated video game they require ID. The same as if someone wanted to see a rated R movie. Now, I don't let my kids watch me play these games. Too much sex, too much cursing, too much killing. Now I love these games, but I know this stuff is just fiction. Kids don't know that. There are some parents who will et there kids watch these types of games and movies, then wonder why they have a murder charge. This law would enforce that these kids were not exposed to this violence, but games are in fact for kids, and the government gets a piece of the action also, so why cut out their main customers.
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