Opinion: At least someone’s getting paid
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If violent games breed violence, what will Spore do?
While Gov. Arnold Schwarzenegger was preparing to lay off nearly 200,000 state employees, State Controller John Chiang was mailing a very large check to the video game industry. And the state may have to cut another big check to the industry if Schwarzenegger persists in defending a 2005 law barring minors from buying or renting violent video games. The Entertainment Software Alliance, a trade association representing video game developers, sent around copies of the check for $282,794.57 it received Tuesday from the state treasury. The amount was a court-ordered reimbursement to the ESA for the expense of challenging the law, which was sponsored by then then-Assemblyman (now Sen.) Leland Yee (D-San Francisco). It shouldn’t have surprised anyone that U.S. District Judge Ronald M. Whyte of San Jose would rule against the law -- by the time he granted a permanent injunction, courts had tossed out similar measures by eight other state and local governments. What’s hard to understand is why Schwarzenegger would persist in appealing Whyte’s decision.
Under the courts’ interpretation of the First Amendment, states must demonstrate that they have a compelling interest in limiting violent expressions -- e.g., by providing evidence of a strong connection between game playing and violent behavior. No state has been able to prove that connection to any court’s satisfaction. In addition, lawmakers must demonstrate that they using the least restrictive means to achieve the goal of protecting minors. But with the game developers and retailers already enforcing a self-imposed rating system, and console manufacturers enabling parents to use that system to restrict which games their kids can play at home, it’s hard for courts to accept any mandatory sales limits as the ‘least restrictive’ approach to the problem.
In its press release, the ESA questioned why the state would keep making costly legal bets on Yee’s bill when California’s budget troubles are so acute.
California deserves more from its legislators than pursuing flawed legislation. State employees are facing pay cuts. California’s services are being scaled back. And, anxiety is rising in Sacramento to find funds,“ said ESA CEO Michael D. Gallagher. “It is unfortunate that the state is stubbornly pursuing an appeal that is likely to lead to even more court-awarded fees.’
Granted, $282,794.57 is a drop in the bucket compared to a $15.2 billion budget gap. On the other hand, that money could have kept several dozen state employees at work for a few more weeks.
The screen shot from the video game Spore was provided by Bloomberg.