Go Go First Amendment!
Turns out that video games are protected by the First Amendment, at least according to the Eighth Circuit Court of Appeals, which today overturned a St. Louis ruling that video games do not constitue prtected speech. The entire 8th Circuit Court Opinion is here, but here are some choice quotes:
“If the first amendment is versatile enough to ‘shield [the] painting of Jackson Pollock, music of Arnold Schoenberg, or Jabberwocky verse of Lewis Carroll,’ we see no reason why the pictures, graphic design, concept art, sounds, music, stories, and narrative present in video games are not entitled to a similar protection. The mere fact that they appear in a novel medium is of no legal consequence.”
“We reject the County’s suggestion that we should find that the ‘graphically violent’ video games in this case are obscene as to minors and therefore entitled to less protection. It is true that obscenity is one of the few categories of speech historically unprotected by the first amendment. But we have previously observed that ‘[m]aterial that contains violence but not depictions or descriptions of sexual conduct cannot be obscene.’ Video Software, 968 F.2d at 688. Simply put, depictions of violence cannot fall within the legal definition of obscenity for either minors or adults.”
“While it is beyond doubt that ‘parents’ claim to authority in their own household to direct the rearing of their children is basic in the structure of our society,’ Ginsberg v. New York, (1968), the question here is whether the County constitutionally may limit first amendment rights as a means of aiding parental authority. We hold that, under the circumstances presented in this case, it cannot.”
Rock on, First Amendment! And welcome to the 21st Century.