To clarify slightly, it is the government who can’t prevent children from buying video games. Retailers can refuse to sell their products to anyone they like. I think the only private media content the government has laws against is porn. Even if the government can’t restrict game sales to minors, it’s likely that private retailers will continue to do it on their own. So free speech doesn’t mean anyone of any age will be able to buy any games, unless the retailers give up their restrictions.
The reason retailers created a ratings agency was to prevent the government from legislating in this area. I guess their self regulation wasn’t sufficient enough for California.
Which is ironic as game devs are setting up shop outside of California at an alarming rate. The state is still the location of most North American game development, but new shops are not setting up in California any more.
The “toxic atmosphere” in the state, complete lack of respect and offers of better deals elsewhere have pulled them away.
Strange though. Here in the UK the equivalent (PEGI) ratings system is indeed enforced, in principle at least, by the government. Retailers that don’t follow the rules can be fined or ultimately shut down.
Which makes sense to me…
Because giving the government the right to mandate against pornography being shown to minors, but nothing else, seems rather arbitrary.
But anyway, if at the point of sale it works out the same in the US then fine, and I guess the california law was pretty much for show.
The government can freely regulate speech that falls under the category of obscenity. Obscenity has a specific legal definition which includes pornography. The definition has been applied to sexual content in the past, but hasn’t been applied to violent content, and it’s unlikely that it will be in the future.
An outlet for aggressive thoughts in a safe environment is exactly the kind of thing most juveniles would gravitate towards, but the only ones who’d be wanting to take them out into the real world are children who are actually seeing physical violence close up in the home already.