A veteran First Amendment attorney has ripped California’s 2005 violent video game statute along with Gov. Arnold Schwarzenegger, who signed the measure into law.
As GamePolitics has extensively reported, in May California petitioned the U.S. Supreme Court to review lower court rulings which held that the measure is unconstitutional. The Court is expected to announce its decision in the fall.
In 2009, the killer cyborg turned governor has materialized in the present from the past in a plot to undermine the First Amendment.
In seeking review, California is asking the Supreme Court to reverse 60 years of First Amendment jurisprudence and to hold that ‘excessively violent’ material-whatever that may be-‘deserves no constitutional protection.’ It is also asking the Court to relieve government from actually having to demonstrate the purported harmfulness of speech it seeks to regulate, but instead to defer to "reasonable inferences" and legislative judgments.
If California is successful, it will open the door to regulate not just video games, but a wide range of speech that is currently protected under the First Amendment.