Conservative Townhall.com columnist, Phyllis Schlafly, has targeted video games on her list of New Year’s resolutions for Republican state legislators.
Schlafly, who has decried violent video games in the past, has decided its time to regulate selling them to minors. Amongst the numerous subjects she mentioned on the list, like Health Care and home schooling, Schlafly wrote the following:
"VIDEO GAMES: ‘There shall be no sale, rental or arcade-playing of extremely violent video games by children without parental consent.’ Explanation: Video games are increasingly graphic and harmful."
In the past, Schlafly wrote a column about a court case regarding a law similar to what she has proposed. Presumably, she is talking about the Schwarzenegger v. EMA case, which is currently being heard by the U.S. Supreme Court. In the case, the Electronic Merchants Association is trying to stop a law that would ban the sale of "ultraviolent" video games to minors in California.
"Children don’t necessarily know the difference between fantasy and reality," Schlafly wrote in the previous piece. "Brain research indicates that teenagers’ brains, as well as children’s brains, are still developing and may store violent images as real memories."
The Surpreme Court has not ruled on the case. However, when it was presented to the District Court by Govenor Schwarzenegger in 2006 for an appeal, it was ruled "unconstitutional."
At the time, Judge Whyte cited that the law was in conflict with First Amendement rights for video games and that the defendents did not provide clear proof that video games lead to violent behavior. Another appeal was struck down in 2008 by the Ninth Circuit Court after being found "unconstitutional." Again.