VSDA, et al., v. Schwarzenegger, et al.
Northern District of California
United States District Court
August 2007
On August 6, 2007 Judge Whyte of the Northern District Court of California ruled in favor of VSDA and ESA's Motion for Summary Judgment, permanently enjoining enforcement of the CA violent video game law. The law would have prohibited the sale to minors of games depicting killing, maiming, dismembering, or sexually assaulting an image of a human being. The Court acknowledged that video games are protected by the First Amendment and found that there was no evidence that playing violent games results in real world violence. In reviewing prior cases, Judge Whyte noted that while, "none of the cases holding violent video games laws unconstitutional are Ninth Circuit cases binding on this court, they nevertheless reflect a strong judicial antagonism toward such laws that this court should not ignore."
Judge Whyte found that "the state has not shown that the Act will accomplish the goal of protecting children more effectively than existing, narrower industry standards…The court is not suggesting that the ESRB standards should be adopted as law, but rather, mentions those standards as ones that support the State's interest but do not involve state intrusions on First Amendment rights." With respect to scientific evidence, Judge Whyte found that there is no showing that violent games, in the absence of other violent media, cause injury to children. Nor does it establish that video games because of their interactive nature are more harmful that movies, television or other speech related exposures. Finally, Judge Whyte said that some of the terms in the statute are broad and not sufficiently narrow. The state is currently appealing Judge Whyte's decision.
On August 5, 2008, the state of California reimbursed the ESA $282, 794 for attorney's fees incurred during their Motion of Summary Judgment as ordered by the Court.
To view this decision in its entirety please click here.
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