California will be making a ruling within the next few days regarding its controversial law that bans the selling or rental to minors of games that contain “killing, maiming, dismembering or sexually assaulting an image of a human being.”

Video game publishers , sellers, and distributors such as the Entertainment Software Association which has other big guns in the industry such as Electronic Arts, Sony, Microsoft, and Disney Interactive Studios, have been challenging the legal base of the said policy and state that the said law is a violation of free-speech and is a direct violation of the First Amendment.

This law that bans the sale/rental of violent video games was adopted in 2005 but was never actually placed in effect because of its legal challenge to prove the direct link between the violence or sexual content in video games and violence and psychological harm to minors, and this link was something that the state of California did not find the need to present even if the appeals court required such link to be presented to conclude that violent video games consequently make minors do violent actions.

“Courts throughout the country have ruled consistently that content-based regulation of computer and video games is unconstitutional. Research shows that the public agrees; video games should be provided the same protections as books, movies and music,” states Michael Gallagher of the Entertainment Software Association said in a press statement.
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