Digital Rights Groups: California Ban on Violent Video Games Violates Free Speech

Digital rights groups sent amicus curiae briefs to the justices of the United States Supreme Court urging them to uphold an appeals court ruling that threw out a California law banning the sale or rental of violent videogames to those under the age of 18.

In the amicus brief filed Friday, The Electronic Frontier Foundation (EFF) - a nonprofit advocacy group that defends free speech, privacy, innovation, and consumer rights - and The Progress & Freedom Foundation (PFF) - a market-oriented think tank that focuses on digital technology - argue that the current content rating system empowers parents to make their own decisions without unconstitutionally restricting free speech.

While the California law was passed in 2005, court rulings have prevented it from ever taking effect.

California appealed its loss at the Ninth Circuit Court of Appeals and now the issue will be before the justices of the Supreme Court.

"Videogames are fully protected speech, and both the 'violence' and 'interactivity' feared by California's law are expressive aspects of books, plays, and movies -- not just videogames," says Attorney Lee Tien of EFF. "The government can't regulate speech content, even to protect children, if there are reasonably effective private rating systems and parental control tools that don't interfere with our First Amendment rights."

Every state law concerning violent videogames that has been challenged has failed First Amendment scrutiny in the lower courts.

Additionally, the Federal Trade Commission has said that the industry's official labeling system is widely recognized and used by parents and is well-enforced in the marketplace.

"This case has profound ramifications for the future of not just videogames, but all media, and the Internet as well," says Adam Thierer, President of PFF. "We've had 15 years of fairly solid Supreme Court case law on new media issues. It would be unfortunate if they reversed that tide here."