+ - Appeals Court Strikes Down Violent Game Ban->
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NewYorkCountryLawyer
NewYorkCountryLawyer writes "The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that 'the Act, as a presumptively invalid contentbased
restriction on speech, is subject to strict scrutiny and
not the 'variable obscenity' standard from Ginsberg v. New
York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold
that the Act violates rights protected by the First Amendment
because the State has not demonstrated a compelling interest,
has not tailored the restriction to its alleged compelling interest,
and there exist less-restrictive means that would further
the State's expressed interests. Additionally, we hold that the
Act's labeling requirement is unconstitutionally compelled
speech under the First Amendment because it does not require
the disclosure of purely factual information; but compels the
carrying of the State's controversial opinion'."
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Appeals Court Strikes Down Violent Game Ban More Login
Appeals Court Strikes Down Violent Game Ban