Video Software Dealers Ass'n v. Schwarzenegger

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In Video Software Dealers Ass'n v. Schwarzenegger, 556 F.3d 950 (9th Cir. 2009), the Ninth Circuit held that violent video games are entitled to full First Amendment protection. This decision is on appeal before the U.S. Supreme Court, which granted certiorari in the Spring of 2010.

A unanimous panel of the Court thereby invalidated under the First Amendment a California statute that restricted the sale of extremely violent video games to children under the age of 18, and required appropriate labeling. The opinion was written by Judge Consuelo M. Callahan, and Judge Alex Kozinski joined it.

Other decisions that have held in a similar manner are:

  • Interactive Digital Software Ass'n, 329 F.3d at 959
  • Kendrick, 244 F.3d at 576-78
  • Entm't Software Ass'n v. Granholm, 426 F. Supp. 2d 646, 652 (E.D. Mich. 2006)
  • Maleng, 325 F. Supp. 2d at 1185-86.