Violent video game ban rejected by top U.S. court

A California law banning the sale or rental of violent video games to children has been rejected by the U.S. Supreme Court.

The ruling upholds decisions by lower courts that determined the ban violates the U.S. First Amendment right to freedom of expression and is therefore unconstitutional.

Video games qualify for protection under the First Amendment just like books, plays and movies, the ruling said.

In order to override that protection, California would have had to show it was justified by a “compelling government interest” and designed to serve that interest.

The law, passed in 2005, affects children and teens under the age of 18. It was challenged by the Entertainment Merchants Association, a group representing DVD and video game retailers, distributors and suppliers.

The group alleged that California was asking for an exception to the First Amendment that could be extended to affect books and movies, and that there is no scientific evidence that children are affected more by violence in video games than other media.


The State of California argued that it is in the interest of the government to help parents protect the well-being of their children at times when the parents aren't present. It told the court that the interactive nature of video games, which allows a player to act out violence rather than just watching it, makes the violence "especially harmful to minors."

The state also argued that the rights of minors should not be the same as those of adults and the law should be flexible in that regard.