Video Games Protected Under The First Amendment

In its 7-2 decision, the Supreme Court cited many of the same reasons cited by lower courts when striking down this and similar statutes: that video games contain expression that is protected as much as the best of literature; that California had not shown that video games were harmful to minors; that less restrictive means of achieving the state’s intended goal of protecting children from violent content exist, including the Entertainment Software Rating Board rating system; and that parents rather than the government should have primary responsibility for what games their children play.