The United States Supreme Court announced today that it will hear the appeal of a 9th Circuit Court of Appeals ruling that struck down a California law that banned the sale or rental of violent video games to minors.
The California law on Violent Video Games would have banned the sale or rental of “violent” video games to minors under the age of 18. However, in 2009, the Federal 9th Circuit Court of Appeals invalidated the statute as unconstitutional by holding it violated the free speech provisions of the First Amendment of the United States Constitution.
In Video Software Dealers Association v. Schwarzenegger, the 9th Circuit Court held that the content of video games is protected speech under the First Amendment, with any attempted regulation requiring strict scrutiny. The Court noted that absent a demonstrated compelling state interest, the state cannot prohibit or regulate such speech. The Court then went on to conclude that the state of California had failed to demonstrate any compelling interest in regulating the speech in video games, because there was no support in the record showing any causal link between “violent” video game content and “violent” behavior by those who play such games.
