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Appeals Court Strikes Down California's Violent Game Ban

NewYorkCountryLawyer writes "The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that 'the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the 'variable obscenity' standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State's expressed interests. Additionally, we hold that the Act's labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State's controversial opinion.'"

14 of 190 comments (clear)

  1. Tempting fate by EkriirkE · · Score: 5, Funny

    Tempting fate by going against one of the most violent; a Terminator.

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    from 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    to 45 2F 6E 40 3C DF 10 71 4E 41 DF AA 25 7D 31 3F
    1. Re:Tempting fate by GrandTeddyBearOfDoom · · Score: 2, Funny

      I have Fond Memories(TM) of Tempting Fate(TM), once daring to pick up a stick.

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      -- The Grand Teddy Bear has Spoken: "Windows 8 Source Code Available NOW! more disgusting than your pr..."
    2. Re:Tempting fate by John+Allsup · · Score: 2, Funny

      Looking at your profile, I wonder how you can pick up anything at all. Well done for being daring!

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      John_Chalisque
  2. Re:He'll be back by clarkkent09 · · Score: 5, Funny
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    Negative moral value of force outweighs the positive value of good intentions.
  3. "Sale or rental" by MrEricSir · · Score: 2, Funny

    So this doesn't apply to piracy, right? Then the kids won't be affected anyway.

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    There's no -1 for "I don't get it."
  4. Re:Shit man, I bet... by guyminuslife · · Score: 5, Funny

    I think when the Founding Fathers wrote the Constitution, they never meant it to mean that a black guy could be president.

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    I don't believe in time. It's a grand conspiracy designed to sell watches.
  5. Re:OMFG by bgray54 · · Score: 3, Funny

    I don't know, but I know that he won't be saying it in court!

  6. Lobbyists Duke it Out by WallyDrinkBeer · · Score: 3, Funny

    The violent move industry is losing market share to the violent video game industry. The video game industry is not paying their hired scum politicians enough apparently.

  7. Re:Shit man, I bet... by TFer_Atvar · · Score: 2, Funny

    I am contractually obligated to mod up anything you say. Fortunately, that contract doesn't keep me from posting after I mod you up.

  8. To the first amendment by ProfMobius · · Score: 2, Funny

    You have been erased.

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    EULA : By reading the above message, you agree that I now own your soul.
  9. Re:Here's what you get from these "games" by piratesyarr · · Score: 1, Funny

    She got beaten up by her fella, ella, ella...

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    Small though it is, the human brain can be quite effective when used properly.
  10. Re:Shit man, I bet... by Runaway1956 · · Score: 4, Funny

    "Sex is bad" would help to reduce the population. "Violence is good" would also help to reduce the population. It's obvious. Politicians are tired of all the whining, sniveling voters who demand so much of their time and energy. So, get those voters to stop having babies, and start killing each other off. It's a win-win situation - for game makers and politicians, anyway. ;)

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    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  11. Re:Shit man, I bet... by VariableRob · · Score: 2, Funny

    Ah! I've been shot! Where's the QuickLoad key for real life?

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    The seriousness of the above post is not guaranteed.
  12. Re:Shit man, I bet... by moortak · · Score: 2, Funny

    Yes, but they couldn't even agree on whether the supreme court should be doing that. Look at Marbury vs. Madison.

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    Xavier Rabourdin for president 2012