1. Why did the state of California have to meet a strict scrutiny standard for this statute to be constitutional?
2. If the expert testimony had been conclusive and scientifically proven, should the court’s decision be different? Why or why not?
3. Should a state be legislating regarding this type of conduct, or should such conduct be solely a private issue to be decided on and enforced by parents or guardians?

In 2005, the state of California passed a law that banned the sale or rental of violent video games to anyone under age 18 and required warning labels beyond the existing Entertainment Software Ratings Board’s voluntary rating system. The law covered games in which players had the options of killing, maiming, dismembering, or sexually assaulting characters that represent human beings. Entertainment Merchants Association sought to have the law declared unconstitutional.

  • CreatedNovember 06, 2014
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