ProfessorLayton said:
And in America, right now it's mostly different stores' policies to choose who to sell to. In GameStop a minor has to have direct parental permission to buy an M rated game and in other places people don't care and you can buy whatever you want. But this law would make it illegal for even someone with parental permission to buy a game like Call of Duty 1 or even Ratchet & Clank. As in a criminal offense. I personally don't agree with selling Gears of War to a 9 year old and I think it's just bad parenting to let your child play something like that but it's not up to me to decide something like that and it's certainly not up to the government who know as much about video games as I do the French stock exchange.
This is great summation of why the law is faulty. I'd like to add a couple of things to this, though.
If the Supreme Court sides with California, then the law will go into effect in California. The problem is, they are not using the ESRB for their guideline and will be much more strict. This is where the problem starts. According to an interview in gameinformer, thirteen other states support California officially. Without Free Speech protection, these states can do practically anything in relation to gaming within their state (censorship, deciding that gaming is harmful to children and making it illegal for a minor to even play one of these games with parental permission, banning certain titles, banning games altogether...) Without free speech rights, any level of government can make laws pertaining the sell and use of video games. And developers would have to keep track of ALL of them.
More than likely, most--if not all--States will get in on this. Considering it will taken care of at the State level, not Federal, there is a very high chance that developers planning on selling games in the USA will have different rules for different states. I would be pleasently suprised if this situation would not lead to another crash.
Not to mention this sets nasty precedent for limiting free speech protection in other mediums (music, film, books).
All because the California State government thinks it can rate games better than the ESRB and can parent better than the parents.