Federal judge reverses violent video game ban in CA...

A federal judge on Monday struck down a California state law that prohibits the selling or renting of violent video games to minors.

The 2005 legislation, authored by then-Assemblyman Leland Yee, D-San Francisco, was challenged in courts by a pair of video game industry groups just 10 days after the bill was signed into law by Gov. Arnold Schwarzenegger.

The law prohibited selling or renting a violent video game to anyone under 18 years of age. Violations were punishable by fines of up to $1,000. The proponents argued that stricter laws were needed because such games can influence minors to also act violently.

However, the Video Software Dealers Association and the Entertainment Software Association (ESA) consistently argued that the ESA's rating system for games -- similar to the way movies are rated -- is sufficient. The ESA represents the nation's $24 billion video gaming industry. More specifically, the industry groups argued that the law's definition of a violent video game was vague and that the law violated the freedom of speech provision in the First Amendment of the U.S. Constitution.

In his 17-page decision, U.S. District Judge Ronald Whyte in San Jose wrote that there is insufficient evidence to conclude that video games "are any more harmful than violent television, movies, internet sites or other speech-related exposures."

"The court, although sympathetic to what the legislature sought to do by the Act, finds that the evidence does not establish the required nexus between the legislative concerns about the well-being of minors and the restrictions on speech required by the Act," the judge wrote.

The California law is not the first law to restrict violent game sales to be tested in courts. Eight other laws outside California have been challenged in other parts of the nation and every one of them have also ended in the video game industry's favor.

"The Entertainment Software Association is pleased with today's permanent injunction ruling, as it cements nationwide judicial consensus that our self-regulatory efforts work," said Dan Hewitt, a spokesman for the industry group.

But political leaders in Sacramento on Monday vowed to appeal the ruling.

Yee, who is now a state Senator, said he was disheartened by the judge's decision.

"I'm extremely disappointed that the judge did not rule in favor of children," he said. "I have sent letters to the state attorney general and the governor that we need to vigorously appeal this decision."

Schwarzenegger, named as a defendant in the case, said he plans to appeal the case.

"I signed this important measure to ensure that parents are involved in determining which video games are appropriate for their children," Schwarzenegger said in a written statement. "Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents."

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/06/BAG55RDVS424.DTL