Federal judge considers California video game law

A California law banning the sale of violent video games to minors
is being reconsidered by a Federal Judge under the 'strict scrutiny' legal standard.
Photo(s) by Luke Thomas

By Jason Bennert, Bay City News Service

May 13, 2006

SAN JOSE (BCN) - A federal judge yesterday appeared to side with the video game industry's position that a California law restricting the sale of violent video games to minors violated the First Amendment protections on free speech.

U.S. District Court Judge Ronald Whyte told attorneys for the industry and the state of California that the law had to be considered by a legal standard known as "strict scrutiny'' which grants the broadest protection to free speech rights.

"It appears to me that the strict scrutiny standard does apply,'' Whyte said.

The attorney representing the video game industry said Whyte's comments are a good sign that he will rule the law unconstitutional.

"When strict scrutiny is applied, a law is rarely if ever upheld,'' video game industry attorney Katherine Fallow said.

The law was authored by Assemblyman Leland Yee, D-San Francisco, and signed by Gov. Arnold Schwarzenegger last year. It would levy a $1,000 fine against any retailer that sold a game deemed too violent to a minor. In December, Whyte issued a temporary order stopping the law from taking effect in order to consider whether it violates the First Amendment.

Leland Yee

California Deputy Attorney General Zackery Morazzini told Whyte that there is strong scientific evidence that violent video games can be harmful to a minor's development.

"There is overwhelming evidence and it's supported by every major medical group,'' Morazzini said.

Outside the courthouse, Morazzini said the state is not trying to restrict game manufacturers' free speech rights, but merely wants to provide parents with a tool.

"The state's just trying to help parents protect their children. Parents can't always be there when their children are buying video games,'' Morazzini said.

Whyte promised to issue his ruling on the matter in the near future.

Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

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