14 DAY TRIAL // It seems that the government of California is aiming to resurrect an anti violent video games law. The primary aim of the bill is to make it illegal for everyone under 18 to buy or to rent games that “appeal to a deviant or morbid interest of children and are patently offensive to prevailing community standards”.
Those selling the games would be compelled to put an “18” label on all games covered by the law. A 1,000 dollar fine would target all those who do not follow the letter of the law. The case for the restriction was made by Senator Leland Yee, who initiated the piece of legislation, as he talked to the San Jose Mercury News, “This is the same technology the armed forces use to help soldiers kill the enemy. All we're saying is: Don't sell it to kids”.
The law was first introduced in 2005 and judges quickly decided that it violated the constitutional right to free speech. In 2007, a permanent injunction was placed on the law as no clear evidence was produced linking violent video games with increased levels of violence in those under 18.
Now the United States Circuit Court of Appeals is getting ready to review the court decisions regarding the videogame bill on October 29 in order to decide whether the law infringes or not on the First Amendment. A ruling for the law could mean that it will be again applicable in late 2008.
Fact is that the wording of the law, which talks about “prevailing community standards” and about “deviant or morbid interest of children” is very unclear. Who would be in a position to say whether Gears of War 2 is too morbid and who can judge whether it is more morbid than, say, Fallout 3? Why not let the industry and the Entertainment Software Ratings Board take care of such issues?