California's failed video game censorship law is headed to the Supreme Court. The bill, which was passed by the state assembly in 2005 with the support of Governor Schwarzenegger, aimed to criminalize the sale of violent video games to minors. It was promptly challenged in court by the Entertainment Software Association (ESA), a video game industry trade group. After the US District Court threw it out Governor Schwarzenegger sought an appeal, which was rejected by the 9th Circuit. Schwarzenegger announced on Wednesday that he won't back down and intends to take it to the Supreme Court.

The courts have consistently rejected laws that restrict video game sales. Such laws are fundamentally in conflict with the First Amendment rights that are guaranteed by the Constitution. Despite the evident futility of defending these laws in court, states have attempted to do so and have paid the price. When the states lose, the courts inevitably order them to foot the bill for the ESA's legal fees. This costly burden on taxpayers collectively adds up to well over a million dollars.

Although there have been 12 rulings over the past eight years affirming that video games are protected speech and cannot be censored, the issue has yet to be reviewed by the Supreme Court. California's law is the first to be appealed this far, largely because other states decided to cut their losses and avoid further embarrassing and costly defeat. California, however, is determined to fight the losing battle all the way to the last level.

"I signed this important measure to ensure parents are involved in determining which video games are appropriate for their children," Schwarzenegger said in a statement. "By prohibiting the sale of violent video games to children under the age of 18 and requiring these games to be clearly labeled, this law would allow parents to make better informed decisions for their kids. I will continue to vigorously defend this law and protect the well-being of California's kids."

The ESA has responded, contending that California's effort to instate the censorship law is wasteful and ultimately doomed to failure. "California's citizens should see this for what it is—a complete waste of the state's time and resources," he said in a statement. "We are confident that this appeal will meet the same fate as the State's previous failed efforts to regulate what courts around the country have uniformly held to be expression that is fully protected by the First Amendment."

California is facing an unprecedented budgetary crisis and is struggling with an enormous deficit which could soon necessitate deep cuts across all state services. In the face of these challenges, it is troubling that California is throwing more money away to defend flawed legislation. Unless the state can raid some coins from Bowser's lair to cover the cost, this is looking like an awfully misguided use of limited states resources.

Hat tip to GamePolitics.com