The Eighth Circuit Holds that a City Ordinance Restricting the Provision of Violent Video Games to Minors without Parental Consent is an Unconstitutional Violation of Free Speech

摘要

Upon consideration of the many psychological studies performed with increasingly similar results and the likelihood that future studies will continue to show the connection between violence and video games, this issue appears to be far from settled. Perhaps if the government challenges these recent holdings, presenting more solid and persuasive evidence in its arguments, the courts will find the government's reasons for passing legislation restricting the sale, distribution, and playing of violent video games compel- ling and, thus, permissibly regulated. Until further decisions are made, how-ever, the current inadequate situation remains. As Doug Loweinsiein, president of Independent Digital Software Association, accurately expressed, "Retailers have a responsibility to educate [consumers] about the ratings sys-tem, and they can use [that information] as they choose. Parents have the ultimate responsibility for deciding which games are appropriate in their homes."