The U.S. Supreme Court, wading into a clash between free-speech rights and laws protecting children, agreed Monday to decide whether California can ban the sale or rental of violent video games to minors.

The court will review a federal court’s decision to throw out California’s ban. The 9th U.S. Circuit Court of Appeals in San Francisco said the law violated minors’ constitutional rights under the First and Fourteenth amendments.

California’ 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. Retailers who violated the act would have been fined up to $1,000 for each violation.

The law never took effect, and was challenged shortly after it was signed by Gov. Arnold Schwarzenegger. A U.S. District Court blocked it after the industry sued the state, citing constitutional concerns.

Schwarzenegger said he was pleased the high court will review that decision. “We have a responsibility to our kids and our communities to protect against the effects of games that depict ultra-violent actions, just as we already do with movies,” the governor said.

Opponents of the law note that video games already are labeled with a rating system that lets parents decide what games their children can purchase and play. They also argue that the video games — which the Entertainment Software Association says were played in 68 percent of American households — are protected forms of expression under the First Amendment.

The decision to hear this case comes only a week after the high court voted overwhelmingly to strike down a federal law banning videos showing animal cruelty. The California case poses similar free speech concerns, although the state law is aimed at protecting children, raising an additional issue that could affect the high court's consideration.

Michael D. Gallagher, president of the Entertainment Software Association, said video games should get the same First Amendment protections as the court reaffirmed last week for videos.

Given last week’s ruling, “we are hopeful that the court will reject California’s invitation to break from these settled principles by treating depictions of violence, especially those in creative works, as unprotected by the First Amendment,” he said.

via Law.com – High Court to Decide if Calif. Can Regulate Video Games.