Washington ( CNN ) -- A free speech dispute over a California law banning sale of violent video games to children will go to the Supreme Court for review . The justices Monday accepted the state 's appeal and will decide whether the law is too restrictive in denying access by minors to often-graphic material . Video-game makers say the ban goes too far . They say the existing nationwide , industry-imposed , voluntary ratings system is an adequate screen for parents to judge the appropriateness of computer games . The state says it has a legal obligation to protect children when the industry has failed to do so . At issue is how far constitutional protections of free speech and expression , as well as due process , can be applied to youngsters . Critics of the law say the government would in effect be engaged in the censorship business , using `` community standards '' to evaluate artistic and commercial content . Oral arguments will be held in the fall . A federal appeals court in San Francisco , California , tossed out the law before it took effect , after Gov . Arnold Schwarzenegger signed it in 2005 . He applauded the high court 's decision to intervene . `` We have a responsibility to our kids and our communities to protect against the effects of games that depict ultraviolent actions , just as we already do with movies , '' the governor said . The legislation was designed to strengthen the current rating system , and would have placed an outright ban on the sale or rental to those under 18 of games deemed excessively violent . As defined by California , such interactive games are those in which the player is given the choice of `` killing , maiming , dismembering or sexually assaulting an image of a human being '' in offensive ways . Retailers could be fined up to $ 1,000 for any violation . The gaming industry sued in federal court and won an injunction halting enforcement of the law until the courts sort out the constitutional questions . In a written statement , Michael Gallagher , president of the Entertainment Software Association , said he is hopeful his industry will prevail and `` 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 . '' The motion picture industry has its own self-monitoring ratings system , imposed decades ago after complaints that some films were too explicit for general audiences in what was seen and heard . The gaming industry says its ratings system roughly follows the same self-imposed guidelines , and ratings are clearly labeled on the packaging . The state argued it was responding to parents ' complaints that too much violent material -- including gruesome battles to the death between on-screen competitors and adversaries -- was being viewed and played by minors . Officials claimed the current ratings system is not adequate in filtering out the controversial content , and that underage teens have been able to buy `` M-rated '' games designed only for mature , or adult , players . Lawmakers also said there is a `` causal connection '' between access to such games and psychological or other harm to children . In their petition to the high court , state lawyers cited studies showing children who repeatedly watch on-screen games can become more aggressive , antisocial , and less able to distinguish the consequences of violence in real life . Similar efforts in other states to restrict gaming content have been rejected by various courts . The Supreme Court in recent years has thwarted repeated congressional attempts to protect children from pornography , saying legislation went too far in limiting adult access to explicit , but lawful , sexual content on the internet . And the justices last week threw out a federal law limiting the sale of graphic videos of animal cruelty . The court has also said in a variety of contexts that minors enjoy a variety of free-expression rights . The case is Schwarzenegger v. Entertainment Merchants ( 08-1448 ) .
Supreme Court to rule on California law banning sales of some video games to minors . Game makers say their voluntary ratings system is all that 's needed to guide parents . State says it must protect children because industry has n't . Law bans sales to kids of games where player can kill , maim , rape other characters .