Industry Issues Statement on California Law

As California prepares for its day in front of the US Supreme Court to justify the constitutionality of its latest video game legislation, the Entertainment Software Association (ESA) has issued a statement in advance of its own brief, reiterating its position that video games (read: violent games) are deserving of the same First Amendment protection as other forms of expression.

In the statement, ESA President and CEO Michael Gallagher writes:
"Computer and video games are First Amendment protected speech. There is an unbroken chain of more than a dozen previous court rulings agreeing. Courts across the country recognize that computer and video games, like other protected expression such as movies, books, and music, have an artistic viewpoint, and use sounds and images to create an experience and immerse the player in art. That is why other courts have unanimously affirmed that video games are entitled to the same constitutional protection as movies, music, books, and other forms of art."

California is taking another run at legislating against the sale of violent video games to youth, hoping that a more "narrowly tailored" bill banning sales and rentals of "excessively" violent games will pass muster. The primary architect of the bill, State Senator Leland Yee, issued his own statement, saying that "[n]o rational justification exists for treating violent material so vastly different than sexual material under the First Amendment when reviewing restrictions on distribution to minors."

A decision is expected later this year.