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Unconstitutional Video Game Law Costs California $2 Million

An anonymous reader writes "In hopes of protecting the children of California from the ravages of violent video games, then governor Arnold Schwarzenegger attempted to push through a law that would fine retailers $1000 for each infraction of selling a violent game to an underage child. However, in the wake of appeals to the U.S. Supreme Court, which struck down the law, California is now forced to pay the legal fees of all parties to the tune of two million dollars."

19 of 180 comments (clear)

  1. Nice! by ZorinLynx · · Score: 5, Insightful

    Good. Maybe this will teach future political leaders that censorship is a bad idea.

    Oh who am I kidding, these idiots never learn anything.

    1. Re:Nice! by Dyinobal · · Score: 4, Insightful

      Why you think the politicians are paying this out of their own pockets? This is from the tax payers pockets.

    2. Re:Nice! by kelemvor4 · · Score: 5, Funny

      Schwartsy doesnt care, hes already out of office. Which of course is the counter argument to term limits and what not. I am just wondering where California will get the 2 million. They can barely cover costs as it is. And their highways are the worst ever. It is almost like they havent repaved any of them in years.

      They were going to repave the highways but then they got high.

    3. Re:Nice! by popeye44 · · Score: 5, Informative

      Well, As I am one of those Caltrans employees.. I can tell you where the money goes that we take in in Gas Taxes, Construction taxes, etc etc. It goes in the General fund. Not transportation accounts. "except for certain taxes which do" So Lets say we have a good year.. and our transportation fund is swollen. The State comes over with its hand out and takes from that fund to put into the general fund. As you can imagine this practice has a way of making roads very hard to maintain. On top of that we have say 40 people to take care of around 1200 miles of road. Between staffing issues, cuts, promotions, vacations, sick days etc. There are typically 26-32 of those people at work. On a good day those folk actually get to do some maintenance on the road. On most days.. they respond to accidents and complaints from the public. So this is a snippet from my point of view. I do live in a fairly populated area.. but NOTHING like LA. SF etc. You can extrapolate that there are more people in those areas.. but by and large CT is an engineering organization and it's more fun to build than maintain.. So that is pretty much how we operate. build more ignore the old.

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    4. Re:Nice! by Darinbob · · Score: 3, Insightful

      And you can't put most of the blame on him. The governor is not a dictator, he needed a bill from the legislature first before he could sign it. He wasn't popular enough among the legislators of either part to push through something through force of will.

    5. Re:Nice! by LordKronos · · Score: 3, Informative

      Good. Maybe this will teach future political leaders that censorship is a bad idea.

      Oh who am I kidding, these idiots never learn anything.

      Of course they won't learn. They didn't learn from last time. There was no surprise about what the outcome would be. This had already been pretty well tested. Illinois had passed the same sort of law, and it was struck down in the Court of Appeals (http://www.gamecensorship.com/Illinois.htm). The state ended up paying one-half million dollars in legal fees. Yet already knowing the result of that case (I'm sure the politicians did their due diligence and researched the matter before making law, right?), California passed their law, then did their usual by taking it a step further....to the supreme court, and for two million dollars.

      It's like saying "if I smack my head into the wall even harder, maybe it won't hurt this time".

    6. Re:Nice! by sg_oneill · · Score: 4, Insightful

      Except in the case of politicians who actually embezel cash for themselves, I dont think billing politicians for bad decisions is a good idea, because it means that only the super rich could afford to be politicians. That means that only your bushes and cheyneys of the world who a couple of million dollars bill wont send them broke, could do it. But your Ron pauls, obamas , and sarah palins could not, because these guys are just upper-middle class folks who would be bankerupted by it. And it means they could not have run.

      Do we really want to guarantee a future run by the filthy rich, folks who for the most part got rich by corruption and gouging others for cash?

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    7. Re:Nice! by Dunbal · · Score: 3, Insightful

      When politicians make good moves

      [citation needed]

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  2. As much as I like ripping into politicians by pecosdave · · Score: 4, Interesting

    for wasting money, and granted this was waste in the name of violating rights and legislating morality, when you get down to it $2,000,000 is rather cheap for a screw up of this scale.

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  3. Re:Pointless by nedlohs · · Score: 4, Insightful

    There's pretty big overlap between those tax payers and the people who can vote in state elections. So that seems reasonably fair in the end.

  4. Politicians care about votes not money by perpenso · · Score: 4, Insightful

    Good. Maybe this will teach future political leaders that censorship is a bad idea. Oh who am I kidding, these idiots never learn anything.

    That is not quite true. You have a very different perspective than the politicians. The politicians have already banked the votes of frightened parents. Wasting money and time and going counter to the constitution are irrelevant to them. All they care about are the votes and the likely voters are the silly frightened parents and not the gamers.

    It is amazing to watch the very same people who in their youth were outraged when Al Gore led his crusade against music become the middle aged people who support a crusade against video games.

    1. Re:Politicians care about votes not money by perpenso · · Score: 3, Informative

      It is amazing to watch the very same people who in their youth were outraged when Al Gore led his crusade against music become the middle aged people who support a crusade against video games.

      That wasn't Al Gore. That was Tipper Gore, his wife.

      A Senator's wife does not call for Senate Hearings. Senator Al did that and testified in support as well.

      Also, the PMRC advocated voluntary use of warning labels, rather than outright censorship.

      That was a fall back position. They originally wanted to bar the sale of the "most offensive" music to minors. Or perhaps it would be more accurate to say that the recording industry introduced an industry based rating system and warning labels and undercut the PRMC's efforts.

  5. Interesting by colinrichardday · · Score: 5, Funny

    Arnold Schwarzenegger tried to prevent children from experiencing violence?

  6. (EDITORS: STORY CAN END HERE) - from TFA by VinylRecords · · Score: 3, Interesting

    Come on...this should have been submitted in the slashdot summary within the first two or three sentences.

  7. nobodys rights were violated. by decora · · Score: 3, Interesting

    you dont have a 'right' to sell children simulated experiences of murdering prostitutes and robbing them, any more than you have a 'right' to sell them simulated experiences of fucking prostitutes, or to put cigarette advertising inside of comic books.

    of all the actual, real censorship going on in society today, namely, people like Thomas Drake, Stephen Kim, and others being charged with Espionage for simply talking to reporters.... thats what REAL censorship is. i would love to see the people who get butthurt about people disapproving of having 4 year olds simulate murdering prostitutes and dealing drugs, actually speak out against things like the government's treatment of Diane Roark, or the way that Goldman Sachs tries to hush up people talking about oil prices (Leah McGrath Goodman).

    oh, but no. lets defend people who want to sell rape fantasies to children. because their rights are what the first amendment is all about. where was the ACLU when Jesselyn Radack was being threatened with prison for simply talking to a reporter about the governments lies? While it is defending video game makers, it did not run to support her.

    The ludicrous disconnect between these video game advocates and what is actually, really going on with the first amendment in this country is just mind boggling. Unless, of course, you explain it by the simple profit motive. That is what makes most sense. Regulation of video games would cost money for EA and other 'free speech' advocates. That is why they are against regulation.

    Of course, try being an EA employee without signing an NDA agreement. Try being an EA empoyee and talk about forming a Union. Try being a worker at best buy or apple or any other place that sells video games, and talk about better working conditions, higher pay, etc. Then we will see how much these 'free speech advocates' actually care about free speech.... in the end, they make a mockery of themselves. The only regulations they care about are the ones that might hit them in the wallet.

    1. Re:nobodys rights were violated. by Anonymous+Psychopath · · Score: 3, Interesting

      1972, Pong is released. Violent crime rate in the US (includes murder, rape, and aggravated assault) is 0.2%.
      1993, Doom, the first 3rd-person shooter video game, is released. Violent crime rate in the US (includes murder, rape, and aggravated assault) is 0.4%.
      2010. Video games, many of them violent and played by surly teenagers, are bigger than movies. Violent crime rate in the US (includes murder, rape, and aggravated assault) is 0.2%.

      Source: http://www.disastercenter.com/crime/uscrime.htm

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  8. Re:there is nothing wrong with a rating system by cgenman · · Score: 4, Insightful

    Both of those that you list kids could see with parental permission. But more importantly than that, the rating system in Hollywood and the Video Game industries is voluntary. There is no law against kids seeing an R rated film, just a theater owner's agreement. A big part of that is if the rating were given the force of law, it would need to hold up to scrutiny. As it stands, there are a lot of societal standards and other things which don't necessarily hold up to government oversight, and the ratings process is entirely opaque for fear of influence scandals.

    So yes, reward retailers who adhere to the ratings standards, be it movies or games. But there are major, obvious constitutionality challenges in giving a voluntary system the force of law.

  9. Re:JUDICIARY is not innocent. by RCL · · Score: 3

    The smartest criminals do not violate laws. They bend/exploit them, breaking the spirit of law, but not the letter.

  10. Re:there is nothing wrong with a rating system by Chris+Mattern · · Score: 4, Interesting

    Some states have successfully made it illegal for anyone under the MPAA or ESRB rating to see the movie or purchase the game without parental permission.

    I'm not aware of any such state. Can you identify these "some states"?