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Brown v. Entertainment Merchants Association

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: September 15, 2010

What's at Stake

Whether a California law prohibiting the sale of "violent video games" to minors violates the First Amendment.

Summary

California has enacted a law banning the sale of violent video games to minors. Like every other similar law around the nation, it was struck down as unconstitutional by a federal appeals court. In an amicus brief supporting that decision, the ÌÒ×ÓÊÓÆµargues that the statute is pointless if it does not reach on-line sales and game playing, and overbroad if it does since the statutory prohibition would then effectively apply to adults as well as children. In addition, the ÌÒ×ÓÊÓÆµbrief argues that the statute's attempt to define violent video games by analogy to obscenity is vague, unenforceable, and unconstitutional.

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