video-games-as-free-speech

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  • The Lawbringer: Supreme Court decides Brown v. EMA

    by 
    Mathew McCurley
    Mathew McCurley
    07.01.2011

    On June 27, 2011, the Supreme Court of the United States of America ruled that video games fall under the same First Amendment speech protections as books, movies, music, and art. Justice Scalia wrote the opinion, decrying California's attempts to restrict speech as, at the same time, too under-inclusive and too over-inclusive. What does that mean for the video game industry? What does this decision mean for video games in general? Self-regulation, it seems, is doing the job when it comes to keeping parents in charge and violent video games in the hands where they belong. If you have no idea what Brown v. Entertainment Merchants Association (EMA) (formerly Schwarzenegger v. EMA) is about, check out my first Lawbringer feature on the topic as well as Gamasutra's feature, as it is probably the best, concise understanding of the case as it was back in November of 2010. Now, however, we have a decision. After being argued on Nov. 2, 2010, the Supreme Court decided on June 27, 2011, by a vote of 7-2 that the California law banning the sale of violent video games to minors was unconstitutional.