Simulated rape, orgy, gory killings & hate speech: should sale & rental of violent games be banned to minors?

Sylvia Kierkegaard, Patrick Kierkegaard

Abstract

Schwarzenegger v. Entertainment Merchants Association has been identified as one of the most important case on games before the US Supreme Court and the “the single most important challenge gaming has ever face”. To resolve Schwarzenegger, the Justices will need to decide how much First Amendment protection should be extended to violent video games. If the Court vindicates California’s law restricting the sale and rental of violent video games to minors, other states might be spurred to exploit a new exception to the First Amendment. Other forms of entertainment could also be restricted in the future. If it follows established precedent dealing with freedom of speech, the sale of gratuitously violent video games to minors will continue with contents for kids getting gorier, bloodier and grittier – all for fun, of course.
Original languageEnglish
Title of host publicationSomething bigger than yourself : essays in honour of Richard de Mulder
EditorsPieter Kleve, Kees van Noortwijk
Number of pages18
Place of PublicationRotterdam
PublisherErasmus University Rotterdam
Publication date2011
Pages107-124
ISBN (Print)9789070116217, 9070116219
Publication statusPublished - 2011

Keywords

  • Faculty of Social Sciences
  • Rape
  • First Amendment
  • violent video games
  • child protection

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