Ban on Selling "Graphically Violent" Videos to Minors Unconstitutional
Interactive Digital Software Ass'n v. St. Louis County, 329 F.3d 954 (8th Cir. 2003); 71(48) U.S. Law Week 1771 (June 17, 2003)
The Eighth Circuit ruled that a county ordinance that banned making "graphically violent" video games available to minors violates the First Amendment. The county had argued that the ban was necessary to prevent psychological harm to youth and to aid parents in protecting their children's well being. The court determined that video games are speech entitled to full First Amendment protection and therefore the restrictions on this speech had to satisfy "strict scrutiny." The court concluded the first rationale offered by the county for this restriction was insufficiently documented and the second rationale was inadequate....