http://gamepolitics.com/2011/06/27/us-supreme-court-upholds-ninth-circuit-decision-brown-v-entertainment-merchants-associati

The United States Supreme Court has ruled in favor of the video game industry and retailers in Brown v. Entertainment Merchants Association (formerly known as Schwarzenegger v. Entertainment Merchants Association). The full opinion can be found is here. According to Justice Scalia, who wrote the opinion: "the act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment." Alito concurred with the judgment, joined by the Chief Justice. Justices Thomas and Breyer dissent, in an opinion by Thomas - according to SCOTUSBlog.

The court had to decide if a state law restricting the sale of violent video games to minors violated the First Amendment right to free speech. The Ninth Circuit Court ruled in favor of the EMA, saying that the law violated the First Amendment.

The law was written by California State Senator (D-San Francisco) Leland Yee and signed into law by California Governor Arnold Schwarzenegger in 2005. The law was immediately challenged by the video game industry and retail advocacy groups in the United States District Court for the Northern District of California. A judge put a permanent injunction on the law, ruling that it was unconstitutional because it violated rights protected by the First Amendment.

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Yes! Gaming will go on!

good news!

can minors go buy porn now too?

It's not quite "US Government deploys tactical nukes against California" but it'll do.

Think of it as Keiji Inafunes going after the Governator!

No, which is interesting, why isnt porn protected by the 1st Amendment

Pornography is probably protected by the first amendment. However it is a taboo industry, and it makes the majority of its money off of the pseudo evil mystique that it enjoys. They largely sell product based upon the catharsis that the audience feels by engaging in what feels like dangerous behavior. Yes it does feel good to be bad. Challenging these laws would be like biting the hand that feeds them. Public acceptance would be poison. Public revulsion may be the same. There just isn't a reason to challenge, and frankly everyone likes things the way they are.

There just isn't a victim here. The governments want to seem wholesome. The industry wants to stay unsavory. That way everybody wins. Beyond that kids will always get their hands on pornography anyway. So there isn't actually any point for anyone to do anything. There isn't a problem with the laws.

I disagree with this ruling. People say leave it up to the parents,but the kind of parents you have are different then when I was growing up. Back in the day when you parents told you to do something you did it. They put the fear of god in you so to speak,but no aday's you have these parent's just letting there kids run wild and letting them do whatever they want. "I'm sorry I yelled at you little timmy;" this is the reason you always have govment,teacher's and other people always trying to step in,because parent's don't want to be parent's these days,plain and simple. For these reason's I have to disagree with this ruling.

So if you believe the government should rule over the home in the case of violent video games, I am sure you approve of them teaching kids about homosexuality, sex education, and other such issues, correct?

Up theirs!