Supreme Court lifts limits on sale of violent video games to minors

The Supreme Court struck down a California law that limited the sale of violent video games to minors, ruling the restriction violated the free-speech principles in the 1st Amendment.

"Like books, plays and movies, video games communicate ideas," said Justice Antonin Scalia. "The most basic principle of 1st Amendment law is that government has no power to restrict expression because of its content." The ruling came on a 7-2 vote. Justice Scalia spoke for five members of the court who ruled that under no circumstances could the government be allowed to protect children by limiting violence in the media. "There is no tradition in this country of specially restricting children's access to depictions of violence," Justice Scalia said in the courtroom. "Certainly, the books we give children to read -- or read to them when they are younger -- have no shortage of gore. Grimm's Fairy Tales, for example, are grim indeed." Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined his opinion. Justice Samuel Alito Jr, joined by Chief Justice John Roberts Jr, applauded California's effort to deal with a "serious social problem: the effect of exceptionally violent video games on impressionable minors." But they too voted to strike down the state's law because it did not spell out clearly enough the limits that the gaming industry must follow. Justices Clarence Thomas and Stephen Breyer filed separate dissents. Justice Thomas said minors had no free-speech rights. Justice Breyer said he thought the law was constitutional as is.

The ruling drew immediate praise from the Motion Picture Association of America and The Media Institute, while the Parents Television Council decried it, Multichanel News reports. California state senator Leland Yee said the Supreme Court "put the interests of Corporate America" first with the decision: "As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids' mental health and the safety of our community. It is simply wrong that the video game industry can be allowed to put their profit margins over the rights of parents and the well-being of children."