BREAKING - Appeals Court Terminates Gov. Schwarzenegger's CA Video Game Law
BREAKING - Appeals Court Terminates Gov. Schwarzenegger's CA Video Game Law
February 20, 2009
The 9th Circuit Court has affirmed a U.S. District Court decision which struck down California's 2005 violent video game law.
As GamePolitics reported last November, a three-judge panel of the 9th Circuit heard the state's appeal in Sacramento. In upholding the District Court's 2007 ruling, the 9th Circuit rejected several research studies presented by the states as failing to demonstrate a causal link between violent video game play and negative behavior:
Nearly all of the research is based on correlation, not evidence of causation, and most of the studies suffer from significant, admitted flaws in methodology.
The Court also rejected as unconstitutional a section of the law requiring retailers to label violent games with a four-inch square label with "18" printed on it.
Reactions to the ruling are beginning to come in. Jennifer Mercurio, Director of Government Affairs for the Entertainment Consumers Association, said:
We couldn’t be happier. Federal courts have found all nine legislative attempts to curtail the sale of violent video games invalid under the First Amendment, definitively showing that video games are protected speech, just like other content such as books, comic books, movies and music.
Bo Andersen, CEO of game retailers' group the Entertainment Merchants Association, said:
Retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80% enforcement rate, and retailers will continue to work to increase enforcement rates even further. The court has correctly noted that the state cannot simply dismiss these efforts.
I understand that some government officials will push for the state to ask the U.S. Supreme Court to review this decision. The state should not acquiesce in this demand, particularly in light of its budget difficulties. The state has already wasted too many tax dollars, at least $283,000 at last count, on this ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.
ESA CEO Mike Gallagher called the ruling "a win for California's citizens."
With the 9th Circuit's rejection of the California video game law, the question now becomes whether Gov. Schwarzenegger will appeal the ruling to the U.S. Supreme Court.
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Posted 11/20/09 at 05:42pm
ZippyDSMlee: oh may the cute stab out your eyes, http://www.youtube.com/user/simonscat
ZippyDSMlee: oh may the cute stab out your eyes, http://www.youtube.com/user/simonscat
Posted 11/20/09 at 05:17pm
JDKJ: O.K. Suit yourself. But when you're wearing Ray-Bans, sitting on a curb with a white cane and a cup of pencils, and doing Stevie Wonder impersonations, don't say I didn't warn you.
JDKJ: O.K. Suit yourself. But when you're wearing Ray-Bans, sitting on a curb with a white cane and a cup of pencils, and doing Stevie Wonder impersonations, don't say I didn't warn you.
Posted 11/20/09 at 05:10pm
ZippyDSMlee: JD:No thank you I don;t want your cooties...or STDs...
ZippyDSMlee: JD:No thank you I don;t want your cooties...or STDs...
Posted 11/20/09 at 05:01pm
JDKJ: Me. I'm rehearsing the role just in case I do get dubbed Zippy The Soecnda.
JDKJ: Me. I'm rehearsing the role just in case I do get dubbed Zippy The Soecnda.
Posted 11/20/09 at 04:59pm
DarkSaber: Wait, is that meant to be Zippy, me or you?
DarkSaber: Wait, is that meant to be Zippy, me or you?
Posted 11/20/09 at 04:49pm
JDKJ: I cud caer lez. =^^= *wakes up in mid-afternoon after staying up until 3:00AM soldering resistors on to circuit boards, stumbles around in formerly white but now grey underwear, while simultaneously scratching groin with vigor and making coffee*
JDKJ: I cud caer lez. =^^= *wakes up in mid-afternoon after staying up until 3:00AM soldering resistors on to circuit boards, stumbles around in formerly white but now grey underwear, while simultaneously scratching groin with vigor and making coffee*
Posted 11/20/09 at 04:46pm
DarkSaber: knell? Don't you mean Neil? Anymore of tht and I'll dub thee Zippy The Soecnda
DarkSaber: knell? Don't you mean Neil? Anymore of tht and I'll dub thee Zippy The Soecnda
Posted 11/20/09 at 04:44pm
JDKJ: Now, now, Saber. Don't be salty. You weren't the first one to knell and bob and you ain't gonna be the last one, either.
JDKJ: Now, now, Saber. Don't be salty. You weren't the first one to knell and bob and you ain't gonna be the last one, either.
Posted 11/20/09 at 04:42pm
DarkSaber: JD's feeling rather desperate it seems.
DarkSaber: JD's feeling rather desperate it seems.
Posted 11/20/09 at 04:33pm
JDKJ: C'mon, Zip. You already touch yourself way too much. Spread the love. Before you go blind.
JDKJ: C'mon, Zip. You already touch yourself way too much. Spread the love. Before you go blind.
Posted 11/20/09 at 04:27pm
ZippyDSMlee: JD:No and I ain't touching any part of you or your friends!! :P
ZippyDSMlee: JD:No and I ain't touching any part of you or your friends!! :P
Posted 11/20/09 at 04:25pm
JDKJ: @Zip: You know Lik Mitaint?
JDKJ: @Zip: You know Lik Mitaint?
Posted 11/20/09 at 04:18pm
ZippyDSMlee: neill and bob,oldest giveing head joke and most lamest...
ZippyDSMlee: neill and bob,oldest giveing head joke and most lamest...
Posted 11/20/09 at 04:18pm
JDKJ: But thanks for the memory. MIB's a classic. *sings* "Here come the Men in Black. Galaxy defenders. Here come the Men in Black. They won't let you remember."
JDKJ: But thanks for the memory. MIB's a classic. *sings* "Here come the Men in Black. Galaxy defenders. Here come the Men in Black. They won't let you remember."
Posted 11/20/09 at 04:18pm
ZippyDSMlee: JD:for the record I told you you can suck your own dck.
ZippyDSMlee: JD:for the record I told you you can suck your own dck.
Posted 11/20/09 at 04:07pm
JDKJ: Naw, man. That's Mueedeegiaap and Bob. And you can stop bobbing. I got Zippy bobbing now, too.
JDKJ: Naw, man. That's Mueedeegiaap and Bob. And you can stop bobbing. I got Zippy bobbing now, too.
Posted 11/20/09 at 03:56pm
DarkSaber: OH I get it now! It's Men In Black quote! The twins that run the comm centre in HQ.
DarkSaber: OH I get it now! It's Men In Black quote! The twins that run the comm centre in HQ.
Posted 11/20/09 at 03:49pm
JDKJ: I'd like to introduce you to them. First, Neil. Then, Bob.
JDKJ: I'd like to introduce you to them. First, Neil. Then, Bob.
Posted 11/20/09 at 03:47pm
ZippyDSMlee: JD:I know they are intimate friends of yours...
ZippyDSMlee: JD:I know they are intimate friends of yours...
Posted 11/20/09 at 03:44pm
JDKJ: @Zip: You know Neil and Bob?
JDKJ: @Zip: You know Neil and Bob?
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Comments
Interesting. Follow now!
Was there any doubt?
No, no there was not.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
Does this prevent it from going to the USSC or can Cali make a run for it during their tough economic times?
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
CA could appeal to the Supreme Court, but from what I gather SCotUS probably wouldn't even bother to hear it. SCotUS receives a lot more petitions for cert (a hearing) than it has time for so it usually only picks ones that raise interesting questions of law or that would resolve conflicts between different districts or circuits. If any court had ever upheld game laws then it might be a more interesting case, but as it is SCotUS isn't going to step in to resolve a matter that lower courts seem to be handling just fine on their own.
That is pretty much what ithought. the games industry winning 9 out of 9 times is pretty good precedence itself. There is not a lot of need for a SCotUS ruling.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
It's only 9 out of 9? This doesn't make it 10?
I was speaking actual laws, not court rulings. So this would make it 10 out of 10 for court rulings.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
Actually, it'd be 11 out of 11(Minnesota's fine the buyer law being ruled unconstitutional in District and 8th Circuit Court of Appeals).
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
Gotta admit though if it did go in front of SCOTUS and lost that would hopefully be the stake in the vampires heart and we would see far less of these laws being made.
Is this also the bill that Mr. Yee claimed would be his last attempt at regulating games?
yes it is.
I'll believe it when I see it.
Or not see it, rather.
Tea and cake or death! Tea and cake or death! Little Red Cook-book! Little Red Cook-book!
To be fair, the reason he said it was because he thought that this time it was going to work. Now that it has failed catastrophically, he's going to say something like "it was a misquote".
---You are likely to be eaten by a Grue.
I guess you can say "It WON'T be back". :P
Oh he will. There's still the Supreme Court.
And how much will that cost? He can get a LOT of bad publicity from pushing something like this in the economic state that CA is in.
Not that much since, as stated by several people above, they probably wouldn't bother. "All districts in 9 different cases all came to the same decision? Pass. Do we have something interesting to go hard-boiled party-line over?"
Indeed. In this economy? With all the furlough days and layoffs? I'm sure most people are lucky enough to afford food for dinner, let alone GTA4.
300 Episodes and counting: http://www.orangeloungeradio.com/
More like: "Hasta la vista, baby"...
The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com/
No, it's, "Hasta la vista, Billy!"
"That's not ironic. That's justice."
I doubt the video game law would be appealed to the supreme court, because california is in a budget crisis
Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights
I don't know. When they took it to this appeals court, they seemed pretty determined to take it to the USSC. But now with the current economic climate, it may be less likely.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
Why? What's the cost involved? That of drafting and filing a petition for certiorari and having someone go argue the case for the State before the Court if it's granted? That's not breaking anyone's bank enough to pose a real obstacle.
Yes, but having lost twice in a row, it could be seen as a frivolous use of funds to try their hand at a third potential loss.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
Dennis, please, PLEASE link to the decision as soon as it's posted. I'm eager to read the court's opinion.
Not too surprising, but it's still good to hear this. Can't wait to see the follow-ups.
M. Carusi
Capitol Gaming
http://capitolgaming.blogspot.com
Well done, California SC. Hopefully this is the end of the matter!
Also, I don't think it was the Fist Amendment she referenced there, Dennis ;)
The right to fist and be fisted is fundamental to a democracy. If fetishes are outlawed, only outlaws will have fetishes.
I thought the Fist Amendment was the 16th
This is good news,
first it was the end of California Budget Crisis then this. At least some people make common sense. I can hear JT crying for California's video game law failing and also the Utah video game law will fail also. Double the epic fail for Jack Thompson.
" I guess the bill WON"T BE BACK"
or what about this "Hasta la vista, Leland Yee"
How's about putting the barcode in bright red in stores, as opposed to marring the game boxes? Or having the violent/M rated games in a seperate glass case with the red barcode on them? Same positive effect, less negative one.
No, I don't support this at all. There's already the ESRB rating box on the game, why should M games be treated any differently? You can't give these people anything, or they will take everything.
And that's why instead of finding a middle balance in any political matter, it's always one side or the other in power.
Any leniency will be taken as admitting guilt.
Hey, Yo. SURVEY SAYS.......One More For The Good Guys!
We Are The Champions
I've paid my dues, time after time
I've done my sentence, but committed no crime
And bad mistakes, I've made a few
I've had my share of sand, kicked in my face
But I've come through
And I need to go on and on and on and on
We are the champions, my friend
And we'll keep on fighting till the end
We are the champions, We are the champions
No time for losers 'cos we are the champions of the world
I've taken my bows, and my curtain calls
You've bought me fame and fortune
And everything that goes with it... I thank you all
But it's been no bed of roses, no pleasure cruise
I consider it a challenge before the whole human race
And I ain't gonna lose
And I need to go on and on and on and on
We are the champions, my friend
And we'll keep on fighting till the end
We are the champions, We are the champions
No time for losers 'cos we are the champions of the world
We are the champions, my friend
And we'll keep on fighting till the end
We are the champions, We are the champions
No time for losers, 'cos we are the champions
And another anti-video game law bites the dust.
Another one bites the dust, another one bites the dust
And another one gone, and another one gone, another one bites the dust
Hey, I'm gonna get you too, another one bites the dust
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
Another one bites the dust, another nail in the coffin.
Given that this is the most liberal court in the country, I frankly am not surprised. It's still good news and I hope this sends a message to politicians and the special interest groups that push this crap.