June 27, 2011

CA Ban on Sale of Violent Video Games to Minors Overturned [10:52 am]

On First and Fourteenth Amendment grounds — decision: Brown, Governor of California, et al. v. Entertainment Merchants Association et al.

Given that Breyer and Thomas each file dissents, one might expect a colorful opinion. On except from Scalia’s majority opinion:

California’s argument would fare better if there were a longstanding tradition in this country of specially restricting children’s access to depictions of violence, but there is none. Certainly the books we give children to read—or read to them when they are younger—contain no shortage of gore. Grimm’s Fairy Tales, for example, are grim indeed. As her just deserts for trying to poison Snow White, the wicked queen is made to dance in red hot slippers “till she fell dead on the floor, a sad example of envy and jealousy.” The Complete Brothers Grimm Fairy Tales 198 (2006 ed.). Cinderella’s evil stepsisters have their eyes pecked out by doves. Id., at 95. And Hansel and Gretel (children!) kill their captor by baking her in an oven. Id., at 54.

High-school reading lists are full of similar fare. [...]

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