Obscenity and Pornography: California's Violent Video Game Law

Obscenity and Pornography: California's Violent Video Game Law

California Law (Governor Arnold Schwarzenegger)

• The law prohibited the sale or rental of violent video games to minors.

• It aimed to restrict access to these games for juveniles, setting them apart from other video games.

• Penalties were imposed on parents who purchased these games and provided them to their children.

Supreme Court Review

• The United States Supreme Court deemed the California statute "overbroad".

• The law was considered a content-based regulation, attempting to limit specific content.

• The Supreme Court has consistently ruled that the First Amendment protects against unconstitutional content-based regulations by the government.

First Amendment Protection

• When the government tries to limit specific content, the First Amendment intervenes to protect it.

Parental Rights

• The Supreme Court indicated that parents should determine what access their children have and at what age they should have access to these video games.

• The implication is that parents are best positioned to make these decisions.

Overbroad Statute

• California's law was not "well crafted" and was ruled unconstitutional.