Supreme Court to hear Calif. video game case

The Supreme Court will take the case of a California law banning the sale of certain "excessively violent" video games to children, according to CNN.com. The bill, which Gov. Schwarzenegger signed, outlawed the sale or rental of video games in which the player "is given a choice of 'killing, maiming, dismembering or sexually assaulting an image of a human being' in offensive ways" to minors. Violators would face a maximum of $1,000 in fines under the controversial law.

After Gov. Schwarzenegger signed the bill in 2005, the video game industry filed suit in California's federal appeals court and the court issued an injunction preventing enforcement of the law even before it took effect.

Now, the Supreme Court will finally hear the case of Schwarzenegger v. Entertainment Merchants (08-1448). The state claims it has a "legal obligation to protect children" from the disturbing violent images found in video games; however, video game developers maintain its current ratings system is adequate and parents can effectively choose which games are appropriate for children.

The state also said parents across California are complaining because the current guidelines do not prevent minors from playing games that contain graphic portrayals of murder and rape, which may have serious psychological effects on young people. Video game ratings, similar to movie ratings, are voluntarily industry-issued and are intended to give consumers an idea of the game's intended audience.

The video game industry says the law would amount to censorship, "using 'community standards' to evaluate artistic and commercial content."

Do violent video games have First Amendment protection when they fall into the hands of children?