appealing video games decision
Photo by Luke
By Jason Bennert
September 5, 2007
The Schwarzenegger administration filed an appeal today with
the 9th U.S. Circuit Court of Appeals over a San Jose federal
judge's decision striking down a 2005 state law that banned the
sale of violent video games to children.
Last month, U.S. District Court Judge Ronald Whyte made permanent
his December 2005 order barring enforcement of the law on the
grounds that it violated the First Amendment protection of free
However, Andrea Lynn Hoch, the legal affairs secretary to Gov.
Arnold Schwarzenegger, said the law was narrowly tailored enough
that it does infringe on free speech.
"It's a compelling state interest to protect our children
from these ultra-violent video games,'' Hoch said.
The appeals process is a lengthy one and it could be years before
the 9th Circuit reaches a decision.
"My guess is you have 18 months to two years minimum before
you have a decision,'' Hoch said.
Either side could appeal that decision to the U.S. Supreme Court.
Hoch would not say if the administration was prepared to take
the case all the way to the U.S. Supreme Court.
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