Analyzing the Debate

It seems that in recent years, video games have become the scapegoat for the increased violence and aggression in today’s youth; in a similar fashion as to what happened to comic books in the 1950s.  There have been studies both supporting and refuting the idea that games are slowly turning innocent children into violent monsters.  In response to the negative criticism generated, former child psychologist and current California State Senator Leland Yee authored a bill that would ban the sale of video games to minors.  The bill passed the in the state legislature in October 2005, was signed by Gov. Arnold Schwarzenegger, and was set to go into effect on January 1, 2006.  

In December 2005, the Entertainment Software Association (ESA) was granted an injunction against the law by US District Court Judge Ronald Whyte.  In 2007, Whyte would later rule the law to be unconstitutional on the grounds that video games are not any more violent than any other form of media.  In 2009, Whyte's original ruling was upheld by the United States Court of Appeals on the grounds that it violated the freedoms established by both the First and Fourteenth Amendments of the US Constitution.  The State appealed further, and in April 2010 the Supreme Court of the United States agreed to review the case.

In reviewing the case, the Court must decide upon many factors including: what constitutes as violent and if there is there truly a negative correlation between violent video games and violent actions.  The biggest concern among most opponents of the law how it could possibly affect government regulation of other forms of media.  Representatives from other forms of mass media have jointly filed friend of the court briefs siding with the gaming industry.  Nine other states and Puerto Rico have also decided to join the video game industry in opposing California's law.  Even Stan Lee, one of the greatest comic book writers to ever live, has voiced his support for the video game industry via a written letter. 

California is getting some support as well in the form of conservative watchdog group the Parents Television Council and from eleven other states.  It is safe to say that this case could possibly determine how mass media is distributed in the future.  After five long years in the legal system, the Supreme Court will have the final say on a highly debated and highly controversial issue.  We will see the outcome starting on November 2nd.