Yet another state-level video game law has been barred from taking effect.

California's legislation, signed by Gov. Arnold Schwarzenegger in October, and scheduled to become law on New Year's Day, was enjoined by federal court Judge Ronald Whyte late yesterday.

An informed source told GP Judge Whyte held that games are protected by First Amendment, children have First Amendment rights, and the concept of "strict scrutiny" applies. The source also told GP that the judge believes the video game industry is likely to prevail on its claim that the law violates the First Amendment. The state's requirement of labeling violent games is also held likely to be unconstitutional.

Interestingly, deviating from previous rulings, Judge Whyte found that California's law is not impermissibly vague. The judge indicated that Postal II is covered while Full Spectrum Warrior is not.

Bo Andersen, President of the Video Software Dealers Association (VSDA), reacting to the preliminary injunction, said, "VSDA frankly takes no pleasure in this decision. The injunction was inevitable, as is a final ruling that the law is unconstitutional. It is indeed unfortunate that the state of California has wasted precious taxpayer dollars in pursuing this legislation, when the outcome is so predictable: This law will never go into effect... It is time for legislators to move beyond the rhetoric uttered in support of passage of such censorial legislation."

ESA boss Doug Lowenstein commented, "We are extremely pleased by today's announcement. We deeply respect the concerns of the Governor and the Legislature that gave rise to the law. For the sixth time in five years, Federal Courts have now blocked or struck down these state and local laws seeking to regulate the sale of games to minors based on their content, and none have upheld such statutes. It is therefore time to look past legislation and litigation in favor of cooperative efforts to accomplish the common goal of ensuring that parents use the tools available to control the games their kids play."

The ESA has a press release available, as does the VSDA