Our Federal Courts have been making law instead of ruling over the laws. At sometimes their rulings are questionable as to whose rights are they really protecting.
California passed a law in October that made it illegal to sell or rent violent or sexually explicit games to children. Governor Arnold Schwarzenegger signed the law that allowed fines of $1,000 for the illegal sales that was to take effect on January 1, 2006.
The law was passed to protect underage children from the exposure to violent or sexually explicit games. And most parents would applaud this new law. But the law was challenged by the Entertainment Software Association and the Video Software Dealers Association which represent game makers and retailers.
In yesterday’s BBC News:
Citing freedom of speech worries US district judge Ronald Whyte granted an injunction to stop the law coming into force on 1 January.
Judge Whyte also questioned whether it was possible to ban sales to minors.
The ruling comes as US politicians draft national laws to stop the sale of adult-themed games to children.
Whose rights was Judge Whyte really trying to protect? Not the children’s rights!
The Entertainment Software Association and the Video Software Dealers Association have challenged similar laws in six other states and won reversals or injunctions that allowed them sell or rent violent or sexually explicit games to anyone. No consideration was made for the rights of the young children’s rights to be protected from inappropriate violent and sexual games.