Brown v. Entertainment Merchants Association

131 S.Ct. 2729 (2011)

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Nature of the Case

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Facts

California passed a bill that prohibits the sale or rental of 'violent video games' to minors, and requires their packaging to be labeled '18.' The Act covers games 'in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being, if those acts are depicted' in a manner that 'a reasonable person, considering the game as a whole, would find appeals to a deviant or morbid interest of minors,' that is 'patently offensive to prevailing standards in the community as to what is suitable for minors,' and that 'causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors.' § 1746(d)(1)(A). Violation of the Act is punishable by a civil fine of up to $1,000. Entertainment (Ps) brought a preenforcement challenge in the District Court. That court concluded that it violated the First Amendment and permanently enjoined its enforcement. The court of appeals affirmed. The Supreme Court granted certiorari.