Schwarzenegger v. Entertainment Merchants Association
Issues
Can a state ban the sale of violent video games to minors, and if so, must the state prove that violent video games directly cause physical and psychological harm to minors for the ban to be constitutional?
California enacted California Civil Code §§ 1746–1746.5, which imposed restrictions on the sale of violent video games to minors. The Entertainment Merchants Association and the Entertainment Software Association sought declaratory relief in federal court, alleging that the law was an impermissible restriction of speech in violation of the First Amendment. The district court and the Ninth Circuit ruled in favor of Entertainment Merchants. California appealed, asserting that the First Amendment does not protect the sale of violent video games to minors and that California need not show a direct causal link between violent video games and physical or psychological harm in minors before restricting such sales. The Supreme Court's decision will affect minors' constitutional rights, the power of states to control which materials children are exposed to, and the expression in media with violent content.
Questions as Framed for the Court by the Parties
1. Does the First Amendment bar a state from restricting the sale of violent video games to minors?
2. If the First Amendment applies to violent video games that are sold to minors, and the standard of review is strict scrutiny, under Turner Broadcasting, Inc. v. F.C.C., 512 U.S. 622, 666 (1994), is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of violent video games to minors?
On October 7, 2005, Petitioner California Governor Arnold Schwarzenegger (“California”) signed into law California Civil Code §§ 1746–1746.5, which prohibits the sale of violent video games to minors. See Video Software Dealers Ass'n v. Schwarzenegger, 556 F.3d 950, 953 (9th Cir.
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Additional Resources
· Wex: First Amendment
· New York Times, Linda Greenhouse: The Court as Mr. Fix It? (Apr. 30, 2010)