Tomorrow the Entertainment Software Association will stand before the Supreme Court and argue on behalf of the video games industry that video games are protected by the same First Amendment rights as music, books, and movies. The law they'll be arguing against involves an attempt by California's legislature, signed into law by governor Arnold Schwarzenegger, to ban the sale of "violent video games" to minors.
Were the law to pass, stores found in violation of selling such games to minors would be subject to a $1,000 fine.
What's a "violent video game"? According to the California law, a game which depicts the "killing, maiming, dismembering, or sexually assaulting [sic] of an image of a human being in a manner that a reasonable person would find appeals to a deviant or morbid interest of minors." If this first "prong" applies, it's then run through a second check that asks whether "the patently offensive, deviant level of violence causes the game as a whole to lack serious literary, artistic, political, or scientific value for minors."
PC World
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