Today, in Brown (formerly Schwarzenegger) v. Entertainment Merchants Association, the U.S. Supreme Court affirmed that California’s violent video game statute is unconstitutional.
Writing on behalf of a majority of justices, Justice Scalia made clear that video games are protected speech and entitled to First Amendment protection. The California statute prevented the sale of “violent video games” to minors without parental consent. Enforcement of the law had been enjoined by the Federal District Court, which decision was affirmed by the Ninth Circuit.
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