The US Supreme Court has ruled that a California law prohibiting the sale or rental of "violent video games" to minors and requiring packaging to be labelled '18' does not comport with the First Amendment protecting freedom of speech.

In a 7-2 decision, the court stated that video games qualify for First Amendment protection, like books, plays and films. The basic principles of freedom of speech, it said, do not vary with a new and different communication medium.

The California Act covers games "in which the range of options available to a player includes killing, maiming, dismembering or sexually assaulting an image of a human being, if those acts are depicted" and violation of the law is punishable by a fine of up to $1,000.

However, in its ruling, the court said the US has no tradition of specially restricting children’s access to depictions of violence and California’s claim that video games present social problems is "unpersuasive."

"Psychological studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. Any demonstrated effects are both small and indistinguishable from effects produced by other media.

"Since California has declined to restrict those other media, its video game regulation is wildly under inclusive, raising serious doubts about whether the state is pursuing the interest it invokes or is instead disfavouring a particular speaker or viewpoint."

This will surely have been the concern raised by the video game industry, which will have welcomed the judgement. However, despite the court rejecting California’s law, it stated that its ruling does not constitute support for greater freedoms for the makers of video games but simply upholds the First Amendment. California will no doubt seek to achieve its aim of placing age restrictions on games in another way.

"Needless to say, AMOA is quite pleased with today’s ruling, as it validates a position our organisation and membership have maintained and staunchly supported for many years," Jack Kelleher, EVP of the national amusement operators association AMOA told national trade press. "While not surprised with the Supreme Court’s decision that affirmed our industry’s beliefs on this issue, we are relieved and encouraged that video games will continue to be protected as a form of expression in the marketplace."