Supreme Court Rules: Video Games Protected by 1st Amendment!

U.S. Supreme Court Upholds Ninth Circuit Decision in Brown v. Entertainment Merchants Association

June 27, 2011

The United States Supreme Court has ruled in favor of the video game industry and retailers in Brown v. Entertainment Merchants Association (formerly known as Schwarzenegger v. Entertainment Merchants Association). The full opinion can be found here. According to Justice Scalia, who wrote the opinion: "the act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment." Alito concurred with the judgment, joined by the Chief Justice. Justices Thomas and Breyer dissent, in an opinion by Thomas - according to SCOTUSBlog.

The court had to decide if a state law restricting the sale of violent video games to minors violated the First Amendment right to free speech. The Ninth Circuit Court ruled in favor of the EMA, saying that the law violated the First Amendment.

The law was written by California State Senator (D-San Francisco) Leland Yee and signed into law by California Governor Arnold Schwarzenegger in 2005. The law was immediately challenged by the video game industry and retail advocacy groups in the United States District Court for the Northern District of California. A judge put a permanent injunction on the law, ruling that it was unconstitutional because it violated rights protected by the First Amendment.

You can check out all the petitions and arguments from November here.

Source: SCOTUSBlog