Regulating Youth Access to Violent Video Games: Three Responses to First Amendment Concerns
(first published October 2, 2003)
Text of Paper
Abstract: Recent efforts to limit the access of children to violent video games have faced legal challenge under the First Amendment. This article presents three theories that may provide defenses to constitutional challenges. The evidence of harmful effects is examined to argue that limitations may meet strict scrutiny. The theory that violence may fit within harmful to minors statutes ordinarily directed at pornography is also presented. Lastly, the argument that video game play is not expression protected by the amendment is explored.”.