Abstract

http://ssrn.com/abstract=1937639
 
 

Footnotes (99)



 


 



Sex, Lies, and Videogames: Brown V. Entertainment Merchants Association


David G. Post


Temple University School of Law

October 3, 2011

Cato Supreme Court Review, Vol. 27, 2011
Temple University Legal Studies Research Paper No. 2012-03

Abstract:     
In Brown v. Entertainment Merchants Association, a decision that veteran Supreme Court watcher Linda Greenhouse called ‘‘the most surprising decision’’ of the 2010 Term (and the one that also received Greenhouse’s ‘‘most unusual judicial performance’’ award, for Justice Stephen Breyer’s dissenting opinion), the Supreme Court (7-2) struck down California’s prohibition on the sale of violent video-games to minors on the grounds that it offended First Amendment protections for the freedom of speech. In this article, I look at the doctrinal underpinnings of the majority opinion, the oddities in the two dissenting opinions (Thomas and Breyer), and offer some thoughts on the implications of the decision for First Amendment law going forward.

Number of Pages in PDF File: 31

Keywords: Constitution, First Amendment, Videogames, Obscenity, Violence, Minors

JEL Classification: K10, K19

Accepted Paper Series


Download This Paper

Date posted: October 3, 2011 ; Last revised: February 2, 2012

Suggested Citation

Post, David G., Sex, Lies, and Videogames: Brown V. Entertainment Merchants Association (October 3, 2011). Cato Supreme Court Review, Vol. 27, 2011; Temple University Legal Studies Research Paper No. 2012-03. Available at SSRN: http://ssrn.com/abstract=1937639

Contact Information

David G. Post (Contact Author)
Temple University School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-4539 or (202)364-5010 (Phone)
215-204-1185 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 2,223
Downloads: 317
Download Rank: 51,082
Footnotes:  99

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.281 seconds