California Video Game Law in Supreme Court

I know, I know. Everyone’s burned out on election news and politics. Yesterday was election day after all. Did you vote?

But, while the political junkies were holding their tea parties and NOT smoking legal weed in California, the Supreme Court was still hard at work. Or, at least working as hard as needed when they’re just now hearing arguments on a law that was originally passed in 2005 and has had an injunction from day one.

Long story short, California’s law prevents minors from buying or renting video games that allow for the “killing, maiming, dismembering, or sexually assaulting an image of a human being.” It also allows for criminal penalties to retailers and clerks who violate the law. Basically, that means legislators in California consider Mortal Kombat as harmful as cigarettes. The law is almost deliberately vague, in some sections even referring to activities directed to a “humanoid.” It also makes no discernment between a five year old minor, or a 17 year old minor.

If I may be allowed my rant – This is absolutely ludicrous! I find it appaling that these legislators, many of them well-educated, are too ignorant to look at history closely enough to see that this is stupid. Some of our readers may remember a thing called the Comics Code Authority. That’s the older version of this that came about when the government was convinced comic books were degrading the souls of America and that children should be protected from it. We might have a few readers that remember when rock music was being banned from the airwaves. Later it was rap music. We’ve done it with movies too. While all of these things may have destroyed our intelligence, I doubt it has affected our moral fiber. If the violence in God of War is so heinous, wouldn’t the fact that it’s already been made and sold millions of copies mean this effort is too little too late?

There’s a huge discussion on this topic based on whether video games are considered an art form and if they’re protected under the First Amendment. Frankly, that’s irrelevant. We already have the ESRB that rates games in a manner similar to the MPAA. Oddly enough, we also have another enforcement structure in place to prevent kids from playing inappropriate games, viewing pornography on the internet, watching R-rated movies or reading the MAX line of Marvel Comics. They’re called parents.

Don’t get me wrong. I know being a parent is not an easy task. I know there are plenty of decisions you have to make everyday between work, housework, meal planning, dressing your child for school, helping them with homework, etc. The last thing you want is to have to control their media intake as well. Too bad. This is the job you volunteered to do.

Many of the Supreme Court justices have already made their concerns known. Everything from enforcement, to the First Amendment, to comparison with pornography and concerns about the interactive nature of games has been broached. It will be next year at the earliest before we see a decision from this nation’s highest court. I have been, and will be, following the progress of this case. I will try to parse most of my ranting any follow-ups and be more objective.