Brown v. Entertainment Merchants Association
United States Supreme Court
131 S.Ct. 2729 (2011)
California passed a law banning the sale or rental to minors of video games depicting killing, maiming, or sexually assaulting human-like characters, defining such games as lacking serious value for minors. The Entertainment Merchants Association and others (plaintiffs) sued Governor Brown and other officials (defendants), arguing the law violated the First Amendment; California defended the law by arguing violent video games make some minors more aggressive. The district court and court of appeals both ruled for the plaintiffs, and the Supreme Court granted certiorari.
Whether a state law restricting the sale of violent video games to minors must be narrowly tailored to serve a compelling government interest to survive First Amendment scrutiny.