Where Politics And Video Games Collide

@ Robert

You're right in that there are certain types of expression that aren't protected. It comes down to an all-or-nothing situation in which provocation, obscenity, threats, incitements to riot, child porn and defamation are specifically not protected by the First Amendment. I don't understand them to be considered "less valued" expression under the law as much as they're not even considered expression to begin with. They all tend to be fluid, though, and as far as I am aware are all subject to the Miller Test to some degree or another. Also, it's important to note that the restrictions aren't curtailing the expression itself as much as they are concerned with the effects of the expression.

My issue was with Hatch's assertion that violent video games were worth less as speech then other violent media. It ties into my long-time and intense frustration with people viewing video games as "expression, only less so." It's an all-or-nothing proposition. You either protect and value speech, or you don't. You can't protect and value speech that you like. That's bullshit and Mr. Hatch is full of it.

@ JustChris

All expression is protected equally. So long as the KKK rally propaganda is inviting people to a lawful assembly and is not an incitement to riot they are within their rights. Hate speech is also generally protected so long as the effects of that hate speech will not cause it to fall under other, non-protected types of speech. For example, a KKK member can use racist terms as much as he or she likes, but if those racist terms are used to provoke or incite a riot then they would not be protected speech.

My view on the matter is that you really need to allow everything. Restricting speech is a slippery slope that could lead to drastically reduced freedoms.