He also pointed out that there is no long-standing tradition of restricting children’s access to depictions of violence. Scalia distinguished speech about violence from obscenity, which may be regulated under the First Amendment. Writing for the majority, Justice Antonin Scalia ruled that video games qualify for full First Amendment protection, similar to books, plays, and films. Supreme Court reviewed a challenge to a California law regulating the sale or rental of violent video games to children. The government rarely succeeds in this task. Strict scrutiny requires the government to show that a law serves a compelling interest and uses the least restrictive means to further that interest. Courts have applied a level of review known as strict scrutiny to laws that regulate the content of speech that is protected by the First Amendment. Constitution provides that the government cannot abridge the freedom of speech. The First Amendment and Violent Video Games This can help a parent control the exposure of their children to violent (or otherwise mature) content. Parents selecting video games for their children should review the ratings provided by the Electronic Software Ratings Board.
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