For the sixth time in no less than five years, a law restricting the sale of violent video games to minors has been struck down by a judge. Judge Ronald Whyte of the United States District Court for the Northern District of California prevented the new law that was signed by California Governor (Or “governator”) Arnold Schwarzenegger from going into effect, ruling that “games are protected by the First Amendment”–worthy of the same protection of free expression as books, films, television, or the press.
He granted the preliminary injunction on the grounds that the terms of the law, which would include mandatory labeling of games deemed unsuitable for minors, would “likely” be ruled unconstitutional. The law was slated to go into effect on January 1, 2006.
The motion for the injunction was requested by the Entertainment Software Association (ESA) game-industry lobby and Interactive Entertainment Merchants Association (IEMA), a game-retailer trade association.
This “win” by the game industry comes on the heels of increasing alarm among the federal government. Particularly in Congress where Senator Hillary Clinton (D-NY) and Senator Joe Lieberman (a long time critic of the game industry in regards of adult material being displayed in video games) have issued a joint bill to Congress that could have severe implications in the gaming industry and which was the result of RockStar’s GTA: SA “Hot Coffee” debacle, which you can read about here. And check our previous reporting here for info on the bill.