19 Pages Posted: 16 Jan 2011
Date Written: January 13, 2011
The issue presented to the Court in Schwarzenegger v. Entertainment Merchants Association is whether a California sales regulation prohibiting the sale of the most violent "morbid or deviant" video games to minors under eighteen years of age violates the minors’ rights to receive the video game "speech." The issue, as framed, fails to identify fully all of the minors’ First Amendment interests at risk on both sides of the controversy. When viewed from a broader perspective that considers the most recent and credible scientific evidence concerning the risks that violent video games pose to minors synthesized with constitutional policies, the challenged sales regulation should be recognized as preserving minors’ First Amendment rights, not infringing them. California’s Interest in Schwarzenegger v. Entertainment Merchants Association reviews the most recent empirical data and the researchers’ conclusions in light of the theories and policies that animate First Amendment jurisprudence and concludes that the California sales regulation should be upheld because it likely furthers minors’ First Amendment rights and related liberty interests.
Keywords: video games, first amendment, sales regulation, children's development, harm to children
Suggested Citation: Suggested Citation
Pollard-Sacks, Deana, California's Interest in Schwarzenegger v. Entertainment Merchants Association (January 13, 2011). Available at SSRN: https://ssrn.com/abstract=1739994 or http://dx.doi.org/10.2139/ssrn.1739994