Regulating Youth Access to Violent Video Games: Three Responses to First Amendment Concerns

64 Pages Posted: 2 Oct 2003  

Kevin W. Saunders

Michigan State University College of Law

Abstract

Recent efforts to limit the access of children to violent video games have faced legal challenge under the First Amendment. This article presents three theories that may provide defenses to constitutional challenges. The evidence of harmful effects is examined to argue that limitations may meet strict scrutiny. The theory that violence may fit within harmful to minors statutes ordinarily directed at pornography is also presented. Lastly, the argument that video game play is not expression protected by the amendment is explored.

Suggested Citation

Saunders, Kevin W., Regulating Youth Access to Violent Video Games: Three Responses to First Amendment Concerns. Michigan State-DCL Law Review, p. 51, 2003. Available at SSRN: https://ssrn.com/abstract=443140 or http://dx.doi.org/10.2139/ssrn.443140

Kevin W. Saunders (Contact Author)

Michigan State University College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

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