Because the California law at the center of Schwarzenegger v. EMA is unable to specifically define exactly what entails a “violent” game, one practicing lawyer predicts a win for the game industry when SCOTUS eventually hands down its ruling on the legality of restricting the sale of such games to minors.
The lawyer behind The Fine Print blog notes that free speech under the First Amendment “has never been unlimited,” especially when it comes to minors. He details two of the better known exceptions:
First, child pornography is outright censored in the United States; it is illegal to make, sell, or own, no freedom whatsoever. The sale of pornography to minors is also restricted, on the theory that while adults can choose for themselves if they can “handle” pornography, children won’t know until it’s too late that something is too much for them or harmful to their well-being.