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SCOTUS reverses California’s ban on violent video games

Jun 29, 2011 SCOTUS reverses California’s ban on violent video games

 

Bill of Rights. (From the public domain.)

Praised be the Supreme Court justices who this week vindicated the First Amendment by striking down California’s ban on selling violent video games to minors. Jerry Brown v. EMA, ___ U.S. ___ (June 27, 2011).

As opinion author Justice Scalia aptly points out:

California’s argument would fare better if there were a longstanding tradition in this country of specially restrict-ing children’s access to depictions of violence, but there is none. Certainly the books we give children to read–or read to them when they are younger–contain no shortage of gore. Grimm’s Fairy Tales, for example, are grim in-deed. As her just deserts for trying to poison Snow White, the wicked queen is made to dance in red hot slippers “till she fell dead on the floor, a sad example of envy and jealousy.” The Complete Brothers Grimm Fairy Tales 198 (2006 ed.). Cinderella’s evil stepsisters have their eyes pecked out by doves. Id., at 95. And Hansel and Gretel (children!) kill their captor by baking her in an oven. Id., at 54.

High-school reading lists are full of similar fare. Homer’s Odysseus blinds Polyphemus the Cyclops bygrinding out his eye with a heated stake. The Odyssey ofHomer, Book IX, p. 125 (S. Butcher & A. Lang transls.1909) (“Even so did we seize the fiery-pointed brand and whirled it round in his eye, and the blood flowed about the heated bar. And the breath of the flame singed his eyelids and brows all about, as the ball of the eye burnt away, and the roots thereof crackled in the flame”). In the Inferno, Dante and Virgil watch corrupt politicians struggle to stay submerged beneath a lake of boiling pitch, lest they beskewered by devils above the surface. Canto XXI, pp.187—189 (A. Mandelbaum transl. Bantam Classic ed.1982). And Golding’s Lord of the Flies recounts how a schoolboy called Piggy is savagely murdered by other children while marooned on an island. W. Golding, Lord of the Flies 208—209 (1997 ed.).

Brown v. EMA, ___ U.S. ___.

 

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