Governor to appeal video game law ruling

Gov. Arnold Schwarzenegger said he would appeal a federal judge’s ruling blocking a state law intended to ban the sale of violent video games to minors.

U.S. District Judge Ronald Whyte in San Jose issued his order Monday, agreeing with the video game industry’s argument that California’s law violated the 1st Amendment right of free speech. Lawyers for the state argued that evidence showing violent video games caused psychological harm to children gave California the right to block the sales.

“The Supreme Court has recognized that those still in their formative years must be considered differently under the law,” Whyte wrote in his ruling. “However, to withstand constitutional scrutiny, any regulation must be narrowly drawn to serve that interest without unnecessarily interfering with First Amendment freedoms.”

The Entertainment Software Assn. and the Video Software Dealers Assn., whose members include Electronic Arts Inc., Microsoft Corp. and Sony Corp., sued the state in 2005 to block the law, which the California Legislature intended to go into effect last year.

Schwarzenegger said in a statement that he would appeal Whyte’s ruling to the U.S. 9th Circuit Court of Appeals.

“Many of these games are made for adults, and choosing games that are appropriate for kids should be a decision made by their parents,” Schwarzenegger said. “I will vigorously defend this law and appeal it to the next level.”