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.

FULL DISCLOSURE DEPT: The Entertainment Consumers Association is the parent company of GamePolitics.

Comments

Re: BREAKING - Appeals Court Terminates Gov. ...

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.

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

Another one bites the dust, another nail in the coffin.

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

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.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Even through the darkest days, this fire burns always.

Re: BREAKING - Appeals Court Terminates Gov. ...

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.


Re: BREAKING - Appeals Court Terminates Gov. ...

 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.

Re: BREAKING - Appeals Court Terminates Gov. ...

And that's why instead of finding a middle balance in any political matter, it's always one side or the other in power.

Re: BREAKING - Appeals Court Terminates Gov. ...

Any leniency will be taken as admitting guilt.

Re: BREAKING - Appeals Court Terminates Gov. ...

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"

Re: BREAKING - Appeals Court Terminates Gov. ...

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 ;)

Re: BREAKING - Appeals Court Terminates Gov. ...

The right to fist and be fisted is fundamental to a democracy. If fetishes are outlawed, only outlaws will have fetishes.

Re: BREAKING - Appeals Court Terminates Gov. ...

I thought the Fist Amendment was the 16th

 

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

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

Re: BREAKING - Appeals Court Terminates Gov. ...

Dennis, please, PLEASE link to the decision as soon as it's posted.  I'm eager to read the court's opinion.

Re: BREAKING - Appeals Court Terminates Gov. ...

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

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: BREAKING - Appeals Court Terminates Gov. ...

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

Re: BREAKING - Appeals Court Terminates Gov. ...

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. 

Re: BREAKING - Appeals Court Terminates Gov. ...

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

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

I guess you can say "It WON'T be back". :P

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

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/

Re: BREAKING - Appeals Court Terminates Gov. ...

No, it's, "Hasta la vista, Billy!"

 

"That's not ironic. That's justice."

"That's not ironic. That's justice."

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

Oh he will. There's still the Supreme Court.

Re: BREAKING - Appeals Court Terminates Gov. ...

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.

 

Re: BREAKING - Appeals Court Terminates Gov. ...

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/

400 Episodes, TEN YEARS and counting: http://www.orangeloungeradio.com/ | Voice of Geeks Network - http://www.vognetwork.com

Re: BREAKING - Appeals Court Terminates Gov. ...

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?"

Re: BREAKING - Appeals Court Terminates Gov. ...

Is this also the bill that Mr. Yee claimed would be his last attempt at regulating games?

Re: BREAKING - Appeals Court Terminates Gov. ...

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.

---You are likely to be eaten by a Grue.

Re: BREAKING - Appeals Court Terminates Gov. ...

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!

Tea and cake or death! Tea and cake or death! Little Red Cook-book! Little Red Cook-book!

Re: BREAKING - Appeals Court Terminates Gov. ...

yes it is.

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

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

Re: BREAKING - Appeals Court Terminates Gov. ...

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.

Re: BREAKING - Appeals Court Terminates Gov. ...

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

Re: BREAKING - Appeals Court Terminates Gov. ...

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.

Re: BREAKING - Appeals Court Terminates Gov. ...

It's only 9 out of 9? This doesn't make it 10?

 

Re: BREAKING - Appeals Court Terminates Gov. ...

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

Re: BREAKING - Appeals Court Terminates Gov. ...

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.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Even through the darkest days, this fire burns always.

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

Was there any doubt?

Re: BREAKING - Appeals Court Terminates Gov. Schwarzenegger's

No, no there was not.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: BREAKING - Appeals Court Terminates Gov. ...

Interesting. Follow now!

 
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Mattsworknameof players, over and over for the last seveal years. Among non RPG games, which make up the vast majority of current games, I think that you still see a large scale disparity between male and female in the AAA industry.07/01/2015 - 1:36am
Mattsworknamewilson. Out of RPG players yes, thats true, and in pc ciricles im not suprised, but RPGS make a small fraction of Console games these days and while pc gaming is seeing a resurgance, MMOs are actually retracting in size , as shown by WOW losing millions07/01/2015 - 1:33am
Matthew Wilsonhere is the study to prove it. http://www.pcgamer.com/researchers-find-that-female-pc-gamers-outnumber-males/07/01/2015 - 1:17am
Matthew Wilson@matt wrong over half of rpg players, both singleplayer and mmos, are female.07/01/2015 - 1:15am
MechaCrashRight, women don't usually play AAA games because none are aimed at them because they don't play them because none are aimed at them because okay you see where I'm going with this.07/01/2015 - 1:11am
MattsworknameI think the better path is this, more games built to give you the Choice of playing as male or female, and give the females good voice actors07/01/2015 - 1:08am
Mattsworknameup more then a fraction of the AAA games industry, but they make up a much larger part of the moble market.07/01/2015 - 1:04am
Mattsworknameandrew is right, to a point, as you are seeing a slow increase of women in games, but the sales shows that the lions share of gaming money comes from a male demo, and while andrew is right that it is changing, it's gonna be a LONG time before women make07/01/2015 - 1:04am
Andrew EisenI think more professional gamblers should get into games publishing. They'll play the odds but they'll also take risks to maximize profits.06/30/2015 - 11:57pm
Andrew EisenAt the end of the day, the ball is rolling and it's rolling in the right direction. Maybe not as fast as we'd like, but it is moving. All we can do is play the games that interest us and make our thoughts known.06/30/2015 - 11:55pm
Matthew Wilsonits unfortunate that the dataset is so tiny for female leads, and is a mixed bag, so money people get the wrong idea.06/30/2015 - 11:54pm
Andrew Eisen"Duke Nukem Forever sold poorly. See? Games staring white guys don't sell!" Pretty silly thing to say.06/30/2015 - 11:50pm
Andrew EisenOr, at the very least, that gamers aren't turned off by female leads.06/30/2015 - 11:49pm
Matthew Wilsonyou would think games like metriod, portal and tomb raider would show that it work, but hopefuly those knew ones will.06/30/2015 - 11:47pm
Andrew EisenBut, luckily strides are being made and the money peoples are slowly learning that diversity -> larger targeted audience -> more potential dollars.06/30/2015 - 11:43pm
Andrew EisenSure does. That's why there should be more than just one or two attempts. (7 games at E3 with female leads and 35 with a gender option. I think it's safe to say that not all of these will fail!)06/30/2015 - 11:42pm
Matthew Wilsonthat puts alot of presure on the early stuff to do well. lets hope games like recode and harizon are good, and sell well.06/30/2015 - 11:38pm
Andrew EisenLuckily, money people also like to follow trends. So, it's a "simple" matter of making proper representation a trend. And wouldn't you know it, we're seeing the beginnings of exactly that!06/30/2015 - 11:34pm
Andrew EisenBut yeah, money people are risk averse. That's why we see so many sequels, reboots, and adaptations. To a lot of money people, "there's no evidence this works because it's rarely ever been tried" is the same as "this doesn't work."06/30/2015 - 11:33pm
Andrew EisenThat's why I think it's worth convincing the money peoples that proper representation (in any of its forms) isn't a financial risk, it's the path to expanding your audience and making even MORE money!06/30/2015 - 11:32pm
 

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