Setting the stage: Arnold Schwarzenegger and video games prepare for battle in the United States Supreme Court

Abstract

Video games often feature a character that evolves into an iconic superhero. In a strange twist of fate, the video game medium will have the opportunity to become a superhero itself. The recording, comic book, and movie industries have rallied around video games as the case of Arnold Schwarzenegger vs. Entertainment Merchants Association and Entertainment Software Association reaches the Supreme Court of the United States. The case concerns a 2005 California ban on the sale of violent video games to minors. The law was later overturned by the District Court and the 9th Circuit Court on appeal. At issue is whether the law violates the First Amendment of the Constitution. Do video games deserve the full protection of the Constitution as a legitimate form of speech, or should it be limited due to its alleged effects on the psychological well-being of minors? This Article will look at the impact this case may have when it reaches the Supreme Court, an analysis of the issues that will be argued, and the history of legislation involving violent video games.