In this case, it was a law banning the sale of supposedly violent video games to minors:
SACRAMENTO, Calif. (AP) — A federal appeals court on Friday struck down a California law that sought to ban the sale or rental of violent video games to minors.
The 9th U.S. Circuit Court of Appeals ruled that the 2005 law violates minors’ rights under the Constitution’s First and 14th amendments. The three-judge panel’s unanimous ruling upholds an earlier ruling in U.S. District Court.
The law would have prohibited the sale or rental of violent games to anyone under 18. It also would have created strict labeling requirements for video game manufacturers.
In a written opinion, Judge Consuelo Callahan said there were less restrictive ways to protect children from ”unquestionably violent” video games. For example, the justices said the industry has a voluntary rating system and that parents can block certain games on video consoles.
Exactly, and it’s not the job of the state to make up for bad parenting, or to make parents’ choices for them.
This will no doubt make its way to the Supreme Court. Hopefully the SCOTUS gang will get it right.