On February 20 2009, the Ninth Circuit Court of Appeals in Video Software Dealers Ass’n v. Schwarzenegger (9th Cir. Feb. 20, 2009), struck down on first amendment grounds California's law banning the sale or rental of violent video games to minors.
The Ninth Circuit held that the California law violated the First Amendment as banning content related speech. Even though that law was directed at protecting minors, the court applied a strict scrutiny standard that required the state to establish a compelling interest in regulating this sort of speech. The court said that the state failed to show why there were no less restrictive means for protecting minors.
I see this as a defeat to the statists who want greater and greater regulatory power over all of us.
The Supreme Court has agreed to review the case.
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