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California's six year war on video games, a Libertarian Perspective

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Uploaded by on Jan 28, 2011

Orange County Libertarian Party
www.lpoc.org

California Libertarian Party
http://ca.lp.org/

National Libertarian Party
www.lp.org
California's six year war on video games, A Libertarian Perspective.

It is understandable that gamers and advocates of free speech would condemn California's attempt at controlling the Game Industry. Very few people are fully aware at how long this battle has been going on, and how little support a gamer can expect from either a Democrat or a Republican politician.

AB1179 is a bill authored by Democratic California State Senator Leland Yee and was voted on in August of 2005. Of the 47 Republican State Senators and Assembypersons, only 9 voted no. Of the 73 Democratic State Senators and Assemblypersons, only 2 voted no.
The Bill was signed into law by then Republican Governor Arnold Schwarzenegger in October 2005.

AB 1179 was temporarily blocked in Nov 2005 in court pending judicial review. In Aug 2007 the bill was struck down by US District Court Judge Ronald Whyte. Former Attorney General and current California Governor Jerry Brown appealed the verdict to a higher court and in Feb 2009 the US Ninth District Court of Appeals upheld the previous decision to strike down the law. Jerry Brown appealed this decision and the Supreme Court of the United States had agreed to hear this case. The case is entitled Schwarzenegger vs Electronic Game Merchants, and was heard in late 2010. The Supreme Court will render its decision later this year.

Leland Yee has expressed optimism that the Supreme Court will allow AB1179 to become law since new Justice Elena Kagan has demonstrated the belief there can be certain limitations for the first amendment. Even if the Supreme Court were to strike down this law, Yee would then look to submit another bill attacking the game industry, this time he will look to structure the bill to guarantee its eventual passage.

Why did both parties vote for and fight for a bill that clearly is unconstitutional and damaging to an entire industry? Because of the inherent flaws that many Republicans and Democrats adhere to. Hopefully, many of you have heard the term Nanny State, and game legislation is a prime example of the Nanny State at work. The Democrats wish to run your life through their belief in social justice. They believe that you will become a homicidal maniac by playing Duke Nukem or Call of Duty. Republicans wish to force their superior moral code on you, playing GTA will lead you to a life of drugs and crime. You are incapable of determining right from wrong. Both parties do not trust you, or if your under 18, they don't trust your parents judgement to determine what is best for you.


Gamers well know that the game industry does not require government regulation or censorship, as the industry itself regulates its games. The ESRB rating system provides information to parents and concerned buyers as to what subject matter a game contains.

Additionally, given that the game industry employs tens of thousands of Californians, from retail workers to content producers, Its hard to justify such legislation when the State of California currently suffers from 12% unemployment.

So the truth be told, you cannot look to the Democrats or Republicans to support your freedom to play the games you want to play.

The Libertarian Party is only party that will support the right to freely produce and play games. Its in our national platform.......

"We support full freedom of expression and oppose government censorship, regulation or control of communications media and technology." Section 1.1 Libertarian Party National Platform.

Gamers, Its time to involve yourselves and protect your favorite hobby. Please consider registering as a Libertarian and voting for our candidates. We are the only political party that cares about your rights to purchase and play the games you choose to. This recording was written by Tom Hanson, an officer of the Libertarian Party of Orange County. For more information about the Libertarian Party of Orange County and California, please see the attached links.

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