Protecting Protected Speech: Why Schwarzenegger Must Terminate Violent Video Game Legislation
30 Pages Posted: 20 Sep 2011
Date Written: April 11, 2011
This Note argues that current and future efforts to regulate violent video games should and will continue to fail constitutional scrutiny. Legislators should instead focus on mandating that video game developers and retailers participate in the exceedingly successful Entertainment Software Rating Board (“ESRB”) rating system. The upcoming Supreme Court decision Entertainment Merchants Association v. Schwarzenegger provides the Court with the opportunity to clarify the role of government in shielding children from objectionable media and where, if at all, violent video games fit into obscenity jurisprudence.
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