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Freedom of Speech and Violent Video Games

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Most people see a violent video game being sold and do not think twice about it. The sale of violent video games in our current system is normal. In 2008, 298.2 million video games were sold in the US, totaling $11.7 billion in revenue. Six of the top ten best-selling video games included violence, with four of the games carrying a "Mature" rating recommended for persons aged 17 and older (Procon). In June 2011, the case of Brown v. Entertainment Merchants Association California attempted to enforce a statute that gives a punishment for selling violent video games to minors (Herard 515). Entertainment Merchants Association took this statute to court saying it violated rights given to the people under the first amendment. Both sides of the case had a well constructed argument. The Supreme Court had a final decision of seven to two. Even though the decision was not very close, both sides need to be looked at to understand how the decision came about.
The time prior to this case, violence due to videogames was being shown by the media more than ever. There was always a news article on the kid who beat up another kid because he learned it in the video game he just got. A game fell into the violent category if its depictions of
violent acts (1) were rendered in a way that "[a] reasonable person. considering the game as a whole, would find appeals to a deviant or morbid interest of minors," (2) were "patently offensive to prevailing standards in the community as to what is suitable forminors," and (3) would cause "the game, on the whole, to lackserious literary, artistic, political, or scientific value for minors" (Herard 516). Brown wanted it to be harder for minors to get these violent videogames, and if the game was sold to a min...


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...ment: A Historical Timeline Of Children And Their Access To Pornography And Violence." Pace Law Review 33.1 (2013): 462-489. OmniFile Full Text Mega (H.W. Wilson). Web. 18 Nov. 2013.
FORD, WILLIAM K.1. "The Law And Science Of Video Game Violence: What Was Lost In Translation?." Cardozo Arts & Entertainment Law Journal 31.2 (2013): 297-356. OmniFile Full Text Mega (H.W. Wilson). Web. 27 Nov. 2013.
Herard, Ludwig. "Brown V. Entertainment Merchants Association 131 S. Ct. 2729 (2011)." Journal Of Art, Technology & Intellectual Property Law 22.2 (2012): 515-526. Academic Search Complete. Web. 14 Nov. 2013.
ProCon.org. "Video Games ProCon.org" ProCon.org. 15 Oct. 2013. Web. 26 Nov. 2013. .
Turner, W. B. (2011, July 10). Violent Video Games. Retrieved from Williambturner: http://www.williambturner.com/1/category/violent%20video%20games/1.html



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