This morning the Supreme Court heard oral arguments in Schwarzenegger v. EMA, a case addressing whether states can ban the sale of violent video games to minors without also violating the First Amendment. The Comic Book Legal Defense Fund wrote a brief in support of the video game industry, urging the court to to affirm the Ninth Circuit’s decision that a California law banning the sale or rental of any video game containing violent content to minors, and requiring manufacturers to label such games, is unconstitutional. The CBLDF brief emphasizes the history of moral panic that led to the comics industry being decimated in the wake of government scrutiny in the 1950s.
Early reports from oral arguments indicate that members of the court were “sympathetic” to the California law, but strongly questioned its constitutionality. Full story, with links to analysis and transcripts, follows the break.