Violent Video Games
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On October 7, 2005 Governor and petitioner, Arnold Schwarzenegger prohibits the sale of violent video to minors. This law defined “violent video games” in terms of “killing, dismembering, or sexually assaulting an image of a human being” possessing “substantially human characteristics in certain circumstances” (Schwarzenegger v. Entertainment Merchants Association). They imposed a fine of up to $1,000 for people who will violate this law. California State Legislature holds a belief that violent video games leads to an increased likelihood of “aggressive behavior,” and “psychological harm,” in minors.
Before the law was enforced, respondents Entertainment Merchants Association sued the State of California in the United States District Court for the Northern District of California, seeking a declaratory judgment on whether the ban on violent video games was unconstitutional. They believe that banning the sales of video games is violating not only the first, but also the fourteenth amendment of the United States Constitution.
Living in a world like this, the freedom of speech and expression are essential, maybe this is why it is number one in our amendments. First amendment guarantees each and every American citizen their freedom of speech, press, religion, and assembly. Banning the sales of video games to minor is impossible to enforce. Almost everyone knows someone who is eighteen years old and/or older can purchase violent video games. So why bother ban the sales of video games to minor? There are thousands of minors in the United States alone; it is merely impossible to track every single one of them. If a minor can get his way to get a hold of an alcoholic drink, what makes one think he cannot get a hold of violent video games? Justice John G. Roberts Jr. argued that while companies can provide parental filters on such violent games, “any 13-year-old can bypass them in about five minutes.” Entertainment Merchants responds that violent video games are fully protected by the First Amendment and by banning it, it will be considered unconstitutional.