In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as well as examine previous attempts by other states to regulate the distribution of violent video games to minors. Most importantly, this note will explore the Supreme Court's opinion in Brown v. Entertainment Merchants Association including the Court's analysis of the applicable constitutional law. Lastly, this note will examine the California law's potential impact on the video game industry had it been deemed constitutional.
Violence is Never the Answer, Or Is It? Constitutionality of California's Violent Video Game Regulation,
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Available at: https://digitalcommons.pepperdine.edu/jbel/vol5/iss1/4