brown governor california et al entertainment merchants association et argued november decided june respondents representing software industries filed preenforcement challenge california law restricts sale rental violent video games minors federal district concluded act violated first amendment permanently enjoined enforcement ninth circuit affirmed held act comport first amendment pp video games qualify first amendment protection like protected books plays movies communicate ideas familiar literary devices features distinctive medium basic principles freedom speech vary new different communication medium joseph burstyn wilson basic principle government lacks power restrict expression message ideas subject matter content ashcroft american civil liberties union subject limited exceptions historically unprotected speech obscenity incitement fighting words legislature create new categories unprotected speech simply weighing value particular category social costs punishing fails test see stevens unlike new york law upheld ginsberg new york california act adjust boundaries existing category unprotected speech ensure definition designed adults uncritically applied children instead state wishes create wholly new category regulation permissible speech directed children unprecedented mistaken country tradition specially restricting children access depictions violence california claim interactive video games present special problems player participates violent action screen determines outcome unpersuasive pp act imposes restriction content protected speech invalid unless california demonstrate passes strict scrutiny justified compelling government interest narrowly drawn serve interest paul california meet standard psychological studies purporting show connection exposure violent video games harmful effects children prove exposure causes minors act aggressively demonstrated effects small indistinguishable effects produced media since california declined restrict media saturday morning cartoons regulation wildly underinclusive raising serious doubts whether state pursuing interest invokes instead disfavoring particular speaker viewpoint california also show act restrictions meet alleged substantial need parents wish restrict children access violent videos industry voluntary rating system already accomplishes large extent moreover means assisting parents act greatly overinclusive since children prohibited purchasing violent video games parents disapprove act satisfy strict scrutiny pp affirmed scalia delivered opinion kennedy ginsburg sotomayor kagan joined alito filed opinion concurring judgment roberts joined thomas breyer filed dissenting opinions edmund brown governor ifornia et petitioners ment merchants association et al writ certiorari appeals ninth circuit june justice scalia delivered opinion consider whether california law imposing restrictions violent video games comports first amendment california assembly bill cal civ code ann west act prohibits sale rental violent video games minors requires packaging labeled act covers games range options available player includes killing maiming dismembering sexually assaulting image human acts depicted manner reasonable person considering game whole find appeals deviant morbid interest minors patently offensive prevailing standards community suitable minors causes game whole lack serious literary artistic political scientific value minors violation act punishable civil fine respondents representing software industries brought preenforcement challenge act district northern district california concluded act violated first amendment permanently enjoined enforcement video software dealers assn schwarzenegger rmw app pet cert appeals affirmed video software dealers assn schwarzenegger granted certiorari ii california correctly acknowledges video games qualify first amendment protection free speech clause exists principally protect discourse public matters long recognized difficult distinguish politics entertainment dangerous try everyone familiar instances propaganda fiction one man amusement teaches another doctrine winters new york like protected books plays movies preceded video games communicate ideas even social messages many familiar literary devices characters dialogue plot music features distinctive medium player interaction virtual world suffices confer first amendment protection constitution esthetic moral judgments art literature individual make government decree even mandate approval majority playboy entertainment group whatever challenges applying constitution technology basic principles freedom speech press like first amendment command vary new different medium communication appears joseph burstyn wilson basic principles general matter government power restrict expression message ideas subject matter content ashcroft american civil liberties union internal quotation marks omitted course present first amendment restrictions upon content speech limited areas never freedom disregard traditional limitations stevens slip quoting paul limited areas obscenity roth incitement brandenburg ohio per curiam fighting words chaplinsky new hampshire represent narrowly limited classes speech prevention punishment never thought raise constitutional problem last term stevens held new categories unprotected speech may added list legislature concludes certain speech harmful tolerated stevens concerned federal statute purporting criminalize creation sale possession certain depictions animal cruelty see amended statute covered depictions living animal intentionally maimed mutilated tortured wounded killed harm animal illegal creation sale possession ook place saving clause largely borrowed obscenity jurisprudence see miller california exempted depictions serious religious political scientific educational journalistic historical artistic value held statute impermissible restriction speech american tradition forbidding depiction animal cruelty though long laws committing government argued stevens lack historical warrant matter create new categories unprotected speech applying simple balancing test weighs value particular category speech social costs punishes category speech fails test stevens slip emphatically rejected startling dangerous proposition ibid maybe categories speech historically unprotected yet specifically identified discussed case law slip without persuasive evidence novel restriction content part long heretofore unrecognized tradition proscription legislature may revise judgment american people embodied first amendment benefits restrictions government outweigh costs slip holding controls stevens california tried make regulation look like obscenity regulation appending saving clause required latter suffice cases clear obscenity exception first amendment cover whatever legislature finds shocking depictions sexual conduct miller supra see also cohen california roth supra stevens first time encountered rejected state attempt shoehorn speech violence obscenity winters considered new york criminal statute forbid ding massing stories bloodshed lust way incite crime person new york appeals upheld provision law obscenity precise test written indecency obscenity said continuing changeable experience community types books likely bring corruption public morals analogous injury public internal quotation marks omitted course expansive view governmental power abridge freedom speech based rejected stevens opinion winters concluded new york statute failed heightened vagueness standard applicable restrictions upon speech entitled first amendment protection made clear violence part obscenity constitution permits regulated speech reached statute contained indecency obscenity sense heretofore known law speech violence obscene consequence california statute mimics new york statute regulating upheld ginsberg new york case approved prohibition sale minors sexual material obscene perspective held legislature adjus definition obscenity social realities permitting appeal type material assessed terms sexual interests quoting mishkin new york obscenity protected expression new york statute sustained long legislature judgment proscribed materials harmful children irrational california act something else entirely adjust boundaries existing category unprotected speech ensure definition designed adults uncritically applied children california argue empowered prohibit selling offensively violent works adults wise since hair breadth argument rejected stevens instead wishes create wholly new category regulation permissible speech directed children unprecedented mistaken inors entitled significant measure first amendment protection relatively narrow circumstances may government bar public dissemination protected materials erznoznik jacksonville citation omitted doubt state possesses legitimate power protect children harm ginsberg supra prince massachusetts include power restrict ideas children may exposed speech neither obscene youths subject legitimate proscription suppressed solely protect young ideas images legislative body thinks unsuitable erznoznik supra california argument fare better longstanding tradition country specially restricting children access depictions violence none certainly books give children read read younger contain shortage gore grimm fairy tales example grim indeed deserts trying poison snow white wicked queen made dance red hot slippers till fell dead floor sad example envy jealousy complete brothers grimm fairy tales cinderella evil stepsisters eyes pecked doves hansel gretel children kill captor baking oven reading lists full similar fare homer odysseus blinds polyphemus cyclops grinding eye heated stake odyssey homer book ix butcher lang transls even seize brand whirled round eye blood flowed heated bar breath flame singed eyelids brows ball eye burnt away roots thereof crackled flame inferno dante virgil watch corrupt politicians struggle stay submerged beneath lake boiling pitch lest skewered devils surface canto xxi pp mandelbaum transl bantam classic ed golding lord flies recounts schoolboy called piggy savagely murdered children marooned island golding lord flies ed say minors consumption violent entertainment never encountered resistance dime novels depicting crime penny dreadfuls named price content blamed quarters juvenile delinquency see brief cato institute amicus curiae motion pictures came along became villains instead days police looked upon dime novels dangerous textbooks school crime drawing close say moving picture machine tends even dime novel turn thoughts easily influenced paths sometimes lead prison moving pictures helps crime times quoted brief cato institute time permit broad censorship movies capacity used evil see mutual film industrial ohio eventually reversed course joseph burstyn see also erznoznik supra invalidating movies restriction designed protect children radio dramas next came comic books brief cato institute many late early blamed comic books fostering preoccupation violence horror among young leading rising juvenile crime rate see note regulation comic books harv rev efforts convince congress restrict comic books failed brief comic book legal defense fund amicus curiae course comic books came television music lyrics california claims video games present special problems interactive player participates violent action screen determines outcome latter feature nothing new since least publication adventures sugarcane island young readers stories able make decisions determine plot following instructions page turn cf interactive digital software assn louis county argument video games enable participation violent action seems us matter degree kind judge posner observed literature interactive better interactive literature successful draws reader story makes identify characters invites judge quarrel experience joys sufferings reader american amusement machine assn kendrick striking similar restriction violent video games justice alito done considerable independent identify see post nn video games violence astounding post victims dismembered decapitated disemboweled set fire chopped little pieces blood gushes splatters pools ibid justice alito recounts disgusting video games order disgust us disgust valid basis restricting expression true justice alito description post video games discovered racial ethnic motive violence cleansing african americans latinos jews end relate somehow increase aggressiveness california wishes suppress knows arouse reader ire reader desire put end horrible message thus ironically justice alito argument highlights precise danger posed california act ideas expressed speech whether violence gore racism objective effects may real reason governmental proscription iii act imposes restriction content protected speech invalid unless california demonstrate passes strict scrutiny unless justified compelling government interest narrowly drawn serve interest state must specifically identify actual problem need solving playboy curtailment free speech must actually necessary solution see supra demanding standard rare regulation restricting speech content ever permissible playboy supra california meet standard outset acknowledges show direct causal link violent video games harm minors rather relying upon decision turner broadcasting system fcc state claims need produce proof legislature make predictive judgment link exists based competing psychological studies reliance turner broadcasting misplaced decision applied intermediate scrutiny regulation california burden much higher bears risk uncertainty see playboy supra ambiguous proof suffice state evidence compelling california relies primarily research craig anderson research psychologists whose studies purport show connection exposure violent video games harmful effects children studies rejected every consider good reason prove violent video games cause minors act aggressively least beginning instead early research based correlation evidence causation studies suffer significant admitted flaws methodology video software dealers assn show best correlation exposure violent entertainment minuscule effects children feeling aggressive making louder noises minutes playing violent game playing nonviolent even taking granted anderson conclusions violent video games produce effect children feelings aggression effects small indistinguishable effects produced media testimony similar lawsuit anderson admitted effect sizes children exposure violent video games produced exposure violence television app admits effects found children watch cartoons starring bugs bunny road runner play video games like sonic hedgehog rated appropriate ages even vie picture gun course california wisely declined restrict saturday morning cartoons sale games rated young children distribution pictures guns consequence regulation wildly underinclusive judged asserted justification view alone enough defeat underinclusiveness raises serious doubts whether government fact pursuing interest invokes rather disfavoring particular speaker viewpoint see city ladue gilleo florida star california singled purveyors video games disfavored treatment least compared booksellers cartoonists movie producers given persuasive reason act also seriously underinclusive another respect respect renders irrelevant contentions concurrence dissents video games qualitatively different portrayals violence california legislature perfectly willing leave dangerous material hands children long one parent even aunt uncle says even requirements parental avuncular relationship verified apparently child putative parent aunt uncle suffices one addresses serious social problem california claims act justified aid parental authority requiring purchase violent video games made adults act ensures parents decide games appropriate outset note doubts punishing third parties conveying protected speech children case parents disapprove speech proper governmental means aiding parental authority accepting position largely vitiate rule relatively narrow circumstances may government bar public dissemination protected materials minors erznoznik leaving aside california show act restrictions meet substantial need parents wish restrict children access violent video games industry place voluntary rating system designed inform consumers content games system implemented entertainment software rating board esrb assigns ratings video game submitted ec early childhood everyone everyone older teens older ao adults older app video software dealers association encourages retailers prominently display information esrb system stores refrain renting selling games minors rent sell rated games minors parental consent federal trade commission ftc found result system video game industry outpaces movie music industries restricting products children clearly prominently disclosing rating information children access products retail ftc report congress marketing violent entertainment children online http visited june available clerk case file ftc report system much ensure minors purchase seriously violent games parents care matter readily evaluate games children bring home filling remaining modest gap control hardly compelling state finally act purported aid parental authority vastly overinclusive children forbidden purchase violent video games parents care whether purchase violent video games legislation effect may indeed support parents restricted children actually want entire effect support state thinks parents want narrow tailoring assisting parents restriction first amendment rights requires california effort regulate violent video games latest episode long series failed attempts censor violent entertainment minors pointed evidence brought forward support harmfulness video games unpersuasive mean demean disparage concerns underlie attempt regulate concerns may doubtless prompt good deal parental oversight business passing judgment view california legislature violent video games matter forms speech corrupt young harm moral development task say whether works constitute narrowly limited clas speech prevention punishment never thought raise constitutional problem chaplinsky answer plainly whether regulation works justified high degree necessity described compelling state interest even protection children object constitutional limits governmental action apply california legislation straddles fence addressing serious social problem helping concerned parents control children ends legitimate affect first amendment rights must pursued means neither seriously underinclusive seriously overinclusive see church lukumi babalu aye hialeah means protecting children portrayals violence legislation seriously underinclusive excludes portrayals video games also permits parental avuncular veto means assisting concerned parents seriously overinclusive abridges first amendment rights young people whose parents aunts uncles think violent video games harmless pastime overbreadth achieving one goal cured underbreadth achieving legislation neither fish fowl survive strict scrutiny affirm judgment ordered edmund brown governor california et petitioners entertainment merchants association et al writ certiorari appeals ninth circuit june justice alito chief justice joins concurring judgment california statute us case represents pioneering effort address state legislature others regard potentially serious social problem effect exceptionally violent video games impressionable minors often spend countless hours immersed alternative worlds games create although california statute well intentioned terms framed precision constitution demands therefore agree particular law sustained disagree however approach taken opinion considering application unchanging constitutional principles new rapidly evolving technology proceed caution make every effort understand new technology take account possibility developing technology may important societal implications become apparent time jump conclusion new technology fundamentally older thing familiar hastily dismiss judgment legislators may better position assess implications new technology opinion exhibits none caution view concerned effects violent video games federal state legislators educators social scientists parents unduly fearful violent video games really present serious problem see ante spending hour upon hour controlling actions character guns scores innocent victims different kind reading description violence work literature see ante sure reasons suspect experience playing violent video games might different reading book listening radio watching movie television show respondents case representing industry ask us strike california law two grounds broad ground adopted narrower ground law definition violent video game see cal civ code ann west impermissibly vague see brief respondents agree latter argument see need reach broader first amendment issues addressed due process requires laws give people ordinary intelligence fair notice prohibited grayned city rockford lack notice law regulates expression raises special first amendment concerns obvious chilling effect free speech reno american civil liberties union vague laws force potential speakers far wider unlawful zone boundaries forbidden areas clearly marked baggett bullitt quoting speiser randall perfect clarity precise guidance never required even regulations restrict expressive activity ward rock racism government may regulate area first amendment freedoms narrow specificity naacp button see also hoffman estates flipside hoffman estates principles apply laws regulate expression purpose protecting children see interstate circuit dallas california law define violent video games narrow specificity constitution demands effort avoid first amendment problems california legislature modeled violent video game statute new york law upheld ginsberg new york law prohibited sale certain sexually related materials minors see california legislature departed ginsberg model important respect legislature overlooked important differences materials falling within scope two statutes law issue ginsberg prohibited sale minors materials deemed harmful minors law defined harmful minors simply adding words minors element definition obscenity set leading obscenity decisions see roth book named john cleland memoirs woman pleasure attorney general seeking bring violent video game law within protection ginsberg california legislature began obscenity test adopted miller california decision revised obscenity tests previously set roth memoirs legislature made certain modifications accommodate aim violent video game law miller obscenity statute must contain limitation restricts statute scope specifically described hard core materials see materials fall within hard core category may deemed obscene three additional requirements met average person applying contemporary community standards must find work taken whole appeals prurient interest work must depic describ patently offensive way sexual conduct specifically defined applicable state law work taken whole must lac serious literary artistic political scientific value internal quotation marks omitted adapting standards california law imposes following threshold limitation range options available player must includ killing maiming dismembering sexually assaulting image human video game meets threshold test subject law restrictions also satisfies three requirements reasonable person considering game whole find game appeals deviant morbid interest minors ii patently offensive prevailing standards community suitable minors iii causes game whole lack serious literary artistic political scientific value minors first important difference ginsberg law california violent video game statute concerns respective threshold requirements noted ginsberg law built upon test adult obscenity current adult obscenity test set miller requires obscenity statute contain threshold limitation restricts statute coverage specifically defined hard core depictions see miller gave example statute applies atently offensive representations descriptions ultimate sexual acts masturbation excretory functions lewd exhibition genitals miller clearly viewed threshold limitation serving vital notice function satisfied wrote specific prerequisites provide fair notice dealer materials public commercial activities may bring prosecution see also reno supra observing miller threshold limitation reduces vagueness inherent term contrast threshold requirement california law perform narrowing function served limitation miller least miller decided depictions hard core sexual conduct common feature mainstream entertainment nothing similar said much conduct covered california law provides video game qualify violent unless range options available player includes killing maiming dismembering sexually assaulting image human better worse society long regarded many depictions killing suitable features popular entertainment including entertainment widely available minors california law threshold requirement closely resemble limitation miller targeted narrower class graphic depictions feature california law threshold test work providing fair notice left large part three requirements follow elements also task drafting violent video game law california legislature made judgment regarding kind degree violence acceptable games played minors minors particular age groups instead legislature relied undefined societal community standards one three elements issue refers expressly prevailing standards community suitable minors ii another element points direction asking whether reasonable person considering game whole find appeals deviant morbid interest minors emphasis added terms deviant morbid defined statute california offers reason think courts give terms anything ordinary meaning see reply brief petitioners arguing reasonable person make judgment common understanding definition applicable terms therefore assume deviant morbid carry meaning convey ordinary speech adjective deviant ordinarily means deviating accepted norm term morbid means relating characteristic disease webster deviant morbid interest violence therefore appears interest deviates regarded presumably accordance generally accepted standard normal healthy thus application california law heavily dependent identification generally accepted standards regarding suitability violent entertainment minors california legislature seems assumed standards sufficiently well known person ordinary intelligence fair notice whether kind degree violence particular game enough qualify game violent miller test looks community standards legislature may thought use undefined community standards violent video game law present vagueness problems critical difference however obscenity laws laws regulating violence entertainment time landmark obscenity cases obscenity long prohibited see roth experience helped shape certain generally accepted norms concerning expression related sex similar history regarding expression related violence notes classic literature contains descriptions great violence even children stories sometimes depict violent scenes see ante although society generally regard depictions violence suitable children adolescents prevalence violent depictions children literature entertainment creates numerous opportunities reasonable people disagree depictions may excite deviant morbid impulses see edwards berman regulating violence television nw rev observing miller test difficult apply violent expression nothing even approaching consensus violence finally difficulty ascertaining community standards incorporated california law compounded legislature decision lump minors together california law draws distinction young children adolescents nearing age majority response question oral argument attorney defending constitutionality california law said state accept narrowing construction law law references minors interpreted refer oldest minors short tr oral arg however within power construe narrow state laws grayned allowable statutory text authoritative interpretations similar laws courts state ibid quoting garner louisiana frankfurter concurring judgment case california provided evidence california legislature intended law limited way cited decisions courts support oldest minors reasons conclude california violent video game law fails provide fair notice constitution requires go express view whether properly drawn statute survive first amendment scrutiny address question necessary ii outlined decide case briefly elaborate reasons questioning wisdom approach reasons touched upon dissents prepared time go far either justice thomas justice breyer raise valid concerns wrong saying holding stevens controls case ante first statute stevens differed sharply statute issue stevens struck law broadly prohibited person creating selling possessing depictions animal cruelty commercial gain california law involved contrast limited sale rental violent video games minors california law imposes restriction creation violent video games possession games anyone whether age california law regulate sale rental violent games adults california law prevent parents certain close relatives buying renting violent games children young relatives see fit second stevens support proposition law like one issue must satisfy strict scrutiny portion stevens relies rejected government contention depictions animal cruelty categorically outside range first amendment protection slip going well beyond stevens holds law attempts prevent minors purchasing violent video games must satisfy strict scrutiny instead lenient standard applied ginsberg closely related precedent result today decision state may prohibit sale minors ginsberg described girlie magazines state must surmount formidable perhaps insurmountable obstacle wishes prevent children purchasing violent depraved video games imaginable third stevens expressly left open possibility narrowly drawn statute targeting depictions animal cruelty might compatible first amendment see slip case sweeping opinion likely read many inside outside industry suggesting regulation minors access violent video games allowed least without supporting evidence may realistically obtainable given nature phenomenon question opinion distorts effect california law certainly agree government power restrict ideas children may exposed ante california law exercise power parents want child violent video game california law interfere parental prerogative instead california law reinforces parental decisionmaking exactly way new york statute upheld ginsberg laws minors prevented purchasing certain materials laws parents free supply children items wish citing industry voluntary rating system argues california law meet substantial need parents wish restrict children access violent video games ante mention fact industry adopted system response threat federal regulation brief activision blizzard amicus curiae threat opinion may seen largely eliminating acknowledge compliance system time enactment california law left much future enforcement may decline industry perceives threat government regulation vanished note justice breyer points see post dissenting opinion many parents today simply able monitor children use computers gaming devices finally far quick dismiss possibility experience playing video games effects minors playing violent video games may different anything seen assessment experience playing video games must take account certain characteristics video games market likely available near future today advanced video games create realistic alternative worlds millions players immerse hours end games feature visual imagery sounds strikingly realistic near future graphics may virtually indistinguishable actual video many games already market produce high definition predicted long images seen three also forecast video games soon provide sensory wearing special vest device player able experience physical sensations supposedly felt character amici support respondents foresee day allow children feel splatting blood victim brief reporters comm freedom press et al amici curiae quoting schechter savage pastimes persons play video games also unprecedented ability participate events take place virtual worlds games create players create characters use photos produce characters closely resemble actual people person playing sophisticated game make multitude choices thereby alter course action game addition means players control action video games bear closer relationship means people control action real world action older games often directed buttons joystick players dictate action newer games engaging motions desire character game example player wants character swing baseball bat either hit ball smash skull bring simulating motion actually swinging bat emerging characteristics video games must considered together characteristics violent games already marketed games violence victims dozens killed every imaginable implement including machine guns shotguns clubs hammers axes swords chainsaws victims dismembered decapitated disemboweled set fire chopped little pieces cry agony beg mercy blood gushes splatters pools severed body parts gobs human remains graphically shown games points awarded based number victims killed killing technique employed also appears antisocial theme base industry exploit games player take identity reenact killings carried perpetrators murders columbine high school virginia objective one game rape mother daughters another goal rape native american game players engage ethnic cleansing choose gun latinos still another game players attempt fire rifle shot head president kennedy motorcade passes texas school book technological characteristics sophisticated games likely available near future combined characteristics violent games already marketed result games allow troubled teens experience extraordinarily personal vivid way like carry unspeakable acts violence untroubled possibility according interactive nature video games nothing new literature interactive ante disagreeing assessment international game developers association igda group presumably understands nature video games supports respondents tells us video games far concretely interactive brief igda et al amici curiae point game developers surely correct certainly true notes successful draws reader story makes identify characters invites judge quarrel experience joys sufferings reader ante quoting american amusement machine assn kendrick extraordinarily imaginative reader reads description killing literary work experience event vividly might played role killer video game take example think person reads passage crime punishment raskolnikov kills old pawn broker axe see dostoyevsky crime punishment modern library ed compare reader player creates avatar bears image sees realistic image victim scene killing high definition three dimensions forced decide whether kill victim decides pretends grasp axe raise head victim bring hears thud axe hitting head cry pain sees split skull feels sensation blood face hands people two experiences characteristics video games taken account certainly reasonable basis thinking experience playing video game may quite different experience reading book listening radio broadcast viewing movie least minors effects playing violent video games may also quite different acts prematurely dismissing possibility hand reasons hold particular law issue fails provide clear notice constitution requires squelch legislative efforts deal perceived significant developing social problem differently framed statutes enacted federal government consider constitutionality laws cases challenging presented us edmund brown governor california et petitioners entertainment merchants association et al writ certiorari appeals ninth circuit june justice thomas dissenting decision today comport original public understanding first amendment majority strikes facially unconstitutional state law prohibits direct sale rental certain video games minors law abridg es freedom speech amdt think first amendment stretches far practices beliefs founding generation establish freedom speech originally understood include right speak minors right minors access speech without going minors parents guardians hold law issue facially unconstitutional first amendment reverse remand interpreting constitutional provision goal discern likely public understanding provision time adopted mcdonald chicago slip thomas concurring part concurring judgment constitution written instrument meaning alter mcintyre ohio elections thomas concurring judgment internal quotation marks omitted meant adopted means ibid internal quotation marks omitted originally understood first amendment protection laws abridging freedom speech extend speech certain narrowly limited classes speech prevention punishment never thought raise constitutional problem chaplinsky new hampshire see also stevens slip laws regulating speech abridg freedom speech speech understood fall outside freedom speech see ashcroft free speech coalition view practices beliefs held founders reveal another category excluded speech speech minor children bypassing parents mcintyre supra historical evidence shows founding generation believed parents absolute authority minor children expected parents use authority direct proper development children absurd suggest society understood freedom speech include right speak minors corresponding right minors access speech without going minors parents cf brief common sense media amicus curiae founding generation considered abridgment freedom speech support parental authority restricting speech bypasses minors parents attitudes toward children state transition around time ratified bill rights complete understanding founding generation views children relationship must therefore begin roughly century earlier colonial new england puritan tradition common new england colonies fathers ruled families absolute authority patriarchal family basic building block puritan society mintz huck raft hereinafter mintz see also macdonald literature children england america hereinafter macdonald puritans rejected many customs godparenthood considered inconsistent patriarchal structure mintz part father absolute power right duty fill children minds knowledge make apply knowledge right action morgan puritan family rev ed morgan puritans thought children innately sinful parents primary task suppress children natural depravity mintz kellogg domestic revolutions hereinafter mintz kellogg see also wadsworth family children left please fit govern mather family accordingly parents let children read vain books profane ballads filthy songs fond amorous romances fabulous histories giants bombast achievements knight errantry like history genesis pp ed corrected conception parental authority reflected laws time massachusetts colony example unlawful tavern keepers anyone else entertain children without parents consent records files quarterly courts essex county massachusetts see also morgan stubborn rebellious son years committed capital offense disobeyed voice father voice mother laws liberties massachusetts reprint farrand ed see also kamensky governing tongue citing similar laws connecticut new plymouth new hampshire colonies late decades leading following revolution attitudes towards children changed see reinier virtue character american childhood hereinafter reinier children came seen less innately sinful blank slates requiring careful deliberate development overarching principles remained parents continued right duty ensure proper development children exercised significant authority children including control books children read laws time continued reflect strong support parental authority sense children fit govern works john locke rousseau driving force behind changed understanding children childhood see reinier brewer birth consent hereinafter brewer calvert children house hereinafter calvert locke taught children minds blank slates parents therefore careful deliberate children told observed parents blame cockering children poison fountain later taste bitter waters thoughts concerning education english philosophers seventeenth eighteenth centuries eliot ed vices explained sowed parents children significantly locke suggest circumscribing parental authority rather articulated new basis rousseau disagreed locke important respects philosophy similarly premised parental control child development although rousseau advocated children allowed develop naturally instructed environment directed tutor given total control child removes society competing sources authority influence fliegelman prodigals pilgrims hereinafter fliegelman see also reinier writings received considerable attention america locke essay concerning human understanding thoughts concerning education significantly popular two treatises government according study colonial libraries lundberg may enlightened reader america american quarterly hereinafter lundberg rousseau emile treatise education widely advertised distributed political work social contract fliegelman see also lundberg general popular books colonies eve american revolution political discourses ones concerned child rearing see mintz kellogg locke rousseau writings fostered new conception childhood children increasingly viewed malleable creatures childhood came seen important period growth development preparation adulthood see mintz kellogg grossberg governing hearth hereinafter grossberg noah webster called father american education wrote impressions received early life usually form characters individuals education youth america hereinafter webster essays education early republic rudolph ed hereinafter rudolph cf slater noah webster founding father american scholarship education noah webster first edition american dictionary english language elizabeth smith john adams similarly wrote infant mind beleive blank eassily receives impression norton liberty daughters internal quotation marks omitted hereinafter norton see also doggett discourse education hereinafter doggett rudolph early youth every power capacity pliable susceptible direction impression abbott mother home hereinafter abbott impressions strong lasting received upon mind freshness susceptibility youth children lacked reason decisionmaking ability judgment john adams noted letter james sullivan may papers john adams taylor ed see also vol drafting constitution benton ed quoting gouvernor morris james madison notes constitutional convention explaining children vote want prudence children utter incapacity rendered almost wholly mercy parents instructors set habits regulate whole conduct life burgh thoughts education hereinafter burgh conception childhood led great concern influences children youth ever learning see others around imitations grow habits doggett rudolph see also rush plan establishment public schools hereinafter rush rudolph vices young people generally learned webster rudolph hildren artless unsuspecting resign hearts person whose manners agreeable whose conduct respectable books therefore advised parents put children way dare trust child mother book hereinafter child see also coontz social origins private life noting considered dangerous leave children supervision servants apprentices result widely accepted children needed close monitoring carefully planned development see wishy child republic hereinafter wishy grossberg managing young mind considered infinitely important doggett rudolph see also macleod moral tale hereinafter macleod essay education youth america noah webster described human mind rich field without constant care ever covered luxuriant growth weeds rudolph advocated sheltering children every drunken immoral character keeping minds untainted till reasoning faculties acquired strength good principles may planted minds taken deep root see also rush useful citizens formed youth never known felt wills till one twenty years age burgh souls youth immediately committed care parents instructors even people pastor revolution amplified concerns require virtuous citizens necessitated proper training childhood see mintz macleod saxton french american childhoods children youth new nation marten ed hereinafter marten see also cardell story jack halyard pp ed hereinafter cardell glory efficacy institutions soon rest growing succede us children pivot moral world proper development subject high interest human mind ha ever called xvi based views childhood founding generation understood parents right duty govern children growth parents expected direct development education children ensure bad habits take root see calvert macleod mintz kellogg responsible instilling moral prohibitions behavioral standards capacity prepare child outside world mintz kellogg see also youth companion apr hereinafter youth companion let children minds formed hearts prepared characters moulded scenes duties brighter day short ome family bore major responsibility moral training children thus implication moral health nation macleod see also introduction marten reinier xi smith autonomy affection parents children chesapeake families growing america hiner hawes eds conception parental rights duties exemplified thomas jefferson approach raising children wrote letters daughters constantly often gave specific instructions children see letter martha jefferson randolph domestic life thomas jefferson dictating daily schedule music dancing drawing studying letter martha jefferson wish gaily clothed time life bove things times let clothes neat whole properly put jefferson expected daughter martha write every post instructed inform books read tunes learn letter took approach nephew peter carr carr father died see letter papers thomas jefferson boyd ed detailing course reading exercise asking monthly progress reports describing manner employ every hour day see also dictionary virginia biography jefferson rigorous management charges uncommon uch evidence indicates mothers fathers believed giving children strict upbringing enforcing obedience commands stressing continued subjection parental norton two parenting books published gave prototypical advice mother book lydia child advised first important step management whatever mother says always must done child john abbott author mother home likewise advised bedience absolutely essential proper family government abbott echoing locke abbott warned parents indulged child foolish unreasonable wishes doom child indulgent adulthood concept total parental control children lives extended schools government families schools absolute declared noah webster rudolph benjamin rush concurred education youth let authority masters absolute possible doctrine loco parentis teachers assumed dut parents train qualify exercised authority command obedience control stubbornness quicken diligence reform bad habits morse frederick thomas concurring quoting state pendergrass see also wishy thus quality teachers schools watched scrupulous attention webster rudolph part children expected dutiful obedient mintz kellogg wishy cf kett rites passage schoolbooks instructed children frequently featured vignettes illustrating consequences disobedience see adams pictures vicious ultimately overcome misery shame cultural work early national schoolbooks hereinafter adams marten one example hangings alleged witches schoolbooks noted likely began false complaints two young girls see morse american geography see also adams marten entire genre books loosely termed youth taught similar lessons well demos circles lines shape life early america cf wishy next duty god advised one book duty parents even child understand reason commands sigourney girl reading book ed see also filial duty recommended enforced introduction iii parent present ed disobedience generally punished way warned another often severely goodrich peter parley book fables see also country number children die effects disobedience parents large society concern children development extended books read vice always spreads published noah webster observed rudolph oung people taught many vices fiction books public exhibitions vices never known never read books attended public places ibid see also cardell xii cautioning parents first reading lessons children extensive influence acquisitions habits future years youth companion capacities children peculiar situation duties youth require select appropriate reading prominent children authors harshly criticized fairy tales use anthropomorphic animals see goodrich recollections lifetime describing fairy tales calculated familiarize mind things shocking monstrous cultivate taste tales bloodshed violence teach young use coarse language cherish vulgar ideas fill youthful mind horrors debased debauched fancy recalling children books full nonsense lies cardell xiv fancy converting inferior animals children carried ridiculous extravagance see also macdonald noting fables works fantasy popular america adults carefully controlled published children stories written children dedicated moral instruction relatively austere lacking details might titillate children minds see macleod see also authors juvenile fiction imposed constraints upon name duty sake giving children thought children although often well aware children might prefer exciting fare francis american children literature american childhood hawes hiner eds john newbery publisher often credited creating genre children literature removed traditional folk characters like tom thumb original stories placed new morality tales good children rewarded disobedient children punished reinier parents total authority children read see macleod american childhood ideally always actually parents regulated children lives fully certainly including reading lydia child put bluntly mother book children read anything without mother knowledge sanction particularly necessary ages twelve sixteen child see also arents guardian friends carefully examine every volume put hands young people monaghan learning read write colonial america reviewing girl journal early noting child aunts monitored guided reading law time reflected founding generation understanding relations according sir william blackstone parents responsible maintaining protecting education children therefore power children commentaries laws england cf washington glucksberg blackstone commentaries primary legal authority american lawyers chancellor james kent agreed commentaries american law law entitled parents custody children value th children labor services right exercise discipline may requisite discharge sacred trust children turn charged obedience assistance minority gratitude reverance rest lives thus case case courts made clear parents right child labor services child reached majority judicial massachusetts explained question father entitled services minor son obliged provide may common law assign services others consideration enure day everett mass see also benson remington mass opinion parsons law well settled parents obligations support children entitled earnings similarly judicature new hampshire noted right parents recover services child minor contested gale parrot parents bring tort suits knowingly enticed minor away see kirkpatrick lockhart brev constitutional jones tevis litt app relatedly boys enlist military without parental consent many revolutionary war found afterwards fathers entitled military wages see cox boy soldiers american revolution marten war minors enlisted without parental consent violation federal law find returned home writs habeas corpus issued parents request see anderson cas cc commonwealth callan binn per curiam laws also set age limits restricting marriage without parental consent example least pennsylvania law required parental consent marriage anyone age see statutes large pennsylvania mitchell flanders eds hereinafter stats large general laws pennsylvania dunlop ed including marriage law amendments see also perpetual laws commonwealth massachusetts first laws commonwealth massachusetts cushing ed general marriage law assumed certain age children intellectually understand significance grossberg indeed law imposed age limits manner activities required judgment reason children vote serve juries generally witnesses criminal cases unless older see brewer swear loyalty state see stats large early federal laws granting aliens ability become citizens provided deemed citizens fathers chose naturalize see act mar stat act ch stat history clearly shows founding generation believed parents complete authority minor children expected parents direct development children puritan tradition new england laid foundation american parental authority duty see macdonald puritans virtually inventors family know today decades leading following revolution conception child mind evolved duty authority parents remained indeed society paid closer attention potential influences children see mintz weakening earlier forms patriarchal authority revolution enhanced importance childrearing education ensuring social stability teachers schools came scrutiny children reading material carefully supervised laws reflected concerns often supported parental authority coercive power state ii light history framers possibly understood freedom speech include unqualified right speak minors specifically sure founding generation understood freedom speech include right speak children without going parents consequence believe laws limiting speech example requiring parental consent speak minor abridg freedom speech within original meaning first amendment recently noted freewheeling authority declare new categories speech outside scope first amendment stevens slip also recognized may categories speech historically unprotected yet specifically identified discussed case law ibid opinion historical evidence plainly reveals one admittedly original public understanding constitutional provision always comport modern sensibilities see morse thomas concurring treating students though still century find little support today may also inconsistent precedent see mcdonald thomas concurring part concurring judgment slip rejecting cases wall inconsistent original public meaning privileges immunities clause fourteenth amendment however case although much changed country since revolution notion parents authority children law support authority persists today example least make crime lure entice minor away minor parent see cal penal code ann west stat every state union still establishes minimum age marriage without parental judicial consent cf roper simmons appendix opinion individuals less years old enlist military without parental consent minors remain subject curfew laws across country see brief louisiana et al amici curiae unilaterally consent medical procedures moreover many things minors today whether parental consent state laws set minimum ages voting jury duty see roper supra appendixes opinion california state issue minors drive hire drive school bus cal veh code ann west purchase tobacco cal penal code ann west play bingo money execute cal probate code ann west understanding freedom speech also consistent precedents sure held children entitled protection first amendment see erznoznik jacksonville government may unilaterally dictate children say hear see tinker des moines independent community school never held today freedom speech includes right speak minors right minors access speech without going minors parents contrary well settled state municipality adopt stringent controls communicative materials available youths available adults erznoznik supra cf post breyer dissenting constitutional jurisprudence historically reflected western civilization concepts family unit broad parental authority minor children parham case law legislature properly conclude parents others teachers example primary responsibility children entitled support laws designed aid discharge responsibility ginsberg new york see also bellotti baird opinion powell state entitled adjust legal system account children vulnerability needs concern sympathy paternal attention internal quotation marks omitted tradition parental authority inconsistent tradition individual liberty rather former one basic presuppositions latter legal restrictions minors especially supportive parental role may important child chances full growth maturity make eventual participation free society meaningful rewarding iii california law issue prohibits sale rental violent video game minors defined anyone years age cal civ code ann west violation law punishable civil fine critically law prohibit adults buying renting violent video games minor prohibit minors playing games cf ante alito concurring judgment post breyer dissenting law also restrict minor parent grandparent aunt uncle legal guardian selling renting violent video game respondents associations companies video game industry brought preenforcement challenge california law claiming face law violates free speech rights members holds video games speech purposes first amendment finds statute facially unconstitutional see ante disagree standards facial first amendment challenge one must fail video game associations show set circumstances exists law valid statute lacks plainly legitimate sweep substantial number applications unconstitutional judged relation statute plainly legitimate sweep stevens slip internal quotation marks omitted even assuming video games speech applications california law implicate first amendment law prohibit direct sale rental violent video game minor someone minor parent grandparent aunt uncle legal guardian minor parent guardian usually true law prevent minor obtaining violent video game parent guardian help typical case speech affected speech bypasses minor parent guardian speech fall within freedom speech originally understood california law ordinarily implicate first amendment facially freedom speech originally understood include right speak minors without going minors parents guardians therefore agree statute issue facially unconstitutional first amendment respectfully dissent edmund brown governor california et petitioners entertainment merchants association et al writ certiorari appeals ninth circuit june justice breyer dissenting california imposes civil fine upon person distributes violent video game california without labeling sells rents labeled violent video game person age representatives video game software industries claiming statute violates first amendment face seek injunction enforcement applying traditional first amendment analysis uphold statute constitutional face consequently reject industries facial challenge california statute defines violent video game game player kill maim dismember sexually assault image human reasonable person considering game whole find game appeals deviant morbid interest minors game patently offensive prevailing standards community suitable minors game whole lack serious literary artistic political scientific value minors cal civ code ann west statute effect forbids sale game minors unless accompanied parent requires makers game affix label identifying game suitable aged exempts retailers liability unless label properly affixed game imposes civil fine upon violator see facial challenge statute based first amendment succeed substantial number applications unconstitutional judged relation statute plainly legitimate sweep stevens slip internal quotation marks omitted moreover difficult mount facial first amendment attack statute seeks regulate activity involves action well speech see broadrick oklahoma hence shall focus upon area within believe state legitimately apply statute namely sales minors age age cutoff used industry ratings system highly realistic violent video games reasonable game maker know meet act criteria area lies heart statute shall assume number instances state enforce statute within area comparatively large number outside area example sales comparatively small activity statute regulates combines speech action virtual form target practice determining whether statute unconstitutional apply vagueness precedents strict form first amendment scrutiny special first amendment category find relevant claims category depictions violence ante rather category protection children held power state control conduct children reaches beyond scope authority adults prince massachusetts communication addressed children need conform requirements irst mendment way applicable adults ginsberg new york quoting emerson toward general theory first amendment yale majority claim california statute upheld create new categor unprotected speech ante overstated one argues depictions violence even extreme violence automatically fall outside first amendment protective scope example obscenity depictions child pornography properly speak categories expression lack protection like child pornography category broad applies automatically state prohibit everyone including adults obtaining access material within careful analysis must precede narrower judicial conclusion say denying protection shout fire crowded theater effort teach terrorist group peacefully petition nations normally describe result creating new category unprotected speech see schenck holder humanitarian law project thus stevens rejecting claim animal cruelty category fall outside first amendment protective scope went decide whether particular statute issue violates first amendment traditional standards held statute overly broad invalid similarly issue whether applying traditional first amendment standards statute pass muster ii view california statute provides fair notice prohibited consequently impermissibly vague williams ginsberg explains considered new york law forbade sale minors picture photograph drawing sculpture motion picture film similar visual representation image person portion human body depicts nudity predominately appeals prurient shameful morbid interest minors patently offensive prevailing standards adult community whole respect suitable material minors utterly without redeeming social importance minors upheld new york statute ginsberg sometimes unfortunately confused different earlier case ginzburg majority opinion written justice brennan wrote statute sufficiently clear member voiced vagueness objection see stewart concurring result douglas joined black dissenting fortas dissenting comparing language california statute set forth supra language new york statute set forth immediately difficult find difference words kill maim dismember difficult understand word nudity justice alito objects words perform narrowing function required adult obscenity cases statutes cover depictions ante opinion concurring judgment relevant comparison adult obscenity cases ginsberg dealt nudity category narrow killing maiming event narrowness vagueness necessarily anything one another required vagueness purposes terms kill maim dismember give fair notice cover remainder california definition copies almost word word language used miller california permitting total ban material satisfied definition one enforced criminal penalties california law reliance community standards adheres miller fort wayne books indiana specifically upheld use miller language charges vagueness california departed miller formulation two significant respects substituted word deviant words prurient shameful three times added words minors word deviant differs prurient shameful seem less suited defining narrowing reach statute addition minors version miller standard approved ginsberg even though new york law dr ew distinction young children adolescents nearing age majority ante opinion alito miller standard law upheld ginsberg lack perfect clarity fact reflects difficulty long search words capable protecting expression without depriving state legitimate constitutional power regulate well known one point justice stewart thought better defining obscenity know see jacobellis ohio concurring opinion justice douglas dissented miller standard thought still vague ultimately however accepted community standards tests used miller ginsberg reflect fact sometimes even precise standard proves elusive easy enough identify instances fall within legitimate regulation seek draw line favoring free expression nonetheless permit legislature find words necessary accomplish legitimate constitutional objective cf williams supra constitution always require clarity precise guidance even involved difference ginsberg miller one hand california law often easy pick cases california statute directly aims involving say character shoots police officer knee douses gasoline lights fire urinates burning body finally kills gunshot head footage one game sequence submitted record see also ante alito concurring judgment miller ginsberg california law clearly protects even violent games possess serious literary artistic political scientific value iii easier miller ginsberg separate sheep goats statute border industry promulgated standards created review process adults typically experience children assess games inappropriate minors see entertainment software rating board rating process online http internet materials visited june available clerk case file course one obvious difference ginsberg statute concerned depictions nudity california statute concerns extremely violent video games purposes vagueness matter justice alito argues miller standard sufficed certain generally accepted norms concerning expression related sex whereas similarly accepted standards regarding suitability violent entertainment ante evidence relied community standards miller precisely difficulty articulating accepted norms depictions sex find difference historical otherwise relevant vagueness question indeed majority examples literary descriptions violence justice alito relies show anything relevant one find literature many descriptions physical love descriptions violence indeed sex theme art literature throughout ages ashcroft free speech coalition every homer titian every dante ovid teenagers read original versions grimm fairy tales suspect know story lady godiva thus find meaningful california law new york law upheld ginsberg remain vagueness problems state courts cure interpretation see erznoznik jacksonville tate statute deemed facially invalid unless readily subject narrowing construction state courts cf ginsberg supra relying fact new york appeals read knowledge requirement statute berry santa barbara cal app cal rptr reading knowledge requirement statute consequently purposes facial challenge find statute unconstitutionally vague iii video games combine physical action expression physical activity predominate game government appropriately intervene say requiring parents accompany children playing game actual target practice restricting sale toys presenting physical dangers children see generally consumer product safety improvement act stat title children product safety video games also embody important expressive artistic elements agree first amendment significantly limits state power regulate determine whether state exceeded limits applying strict standard review like majority believe california law must narrowly tailored compelling interest without less restrictive alternative least effective reno american civil liberties union apply strict standard mechanically playboy entertainment group breyer joined rehnquist scalia dissenting rather applying evaluate degree statute injures interests nature compelling interests degree statute furthers interest nature effectiveness possible alternatives light evaluation whether overall statute works harm proportion benefits statute seeks provide ibid see also burson freeman plurality opinion applying strict scrutiny finding relevant lack significant impingement speech first amendment standards applied way difficult impossible satisfy applying strict scrutiny upheld restrictions speech example ban teaching peaceful dispute resolution group state department list terrorist organizations holder slip cf slip breyer dissenting limit speech near polling places burson supra plurality opinion applying less clearly defined still rigorous standards allowed require disclosure petition signers doe reed impose campaign contribution limits drawn match important interest nixon shrink missouri government pac moreover although specify level scrutiny applied ginsberg subsequently described case finding compelling interest protecting children harm sufficient justify limitations speech see sable communications fcc since ginsberg specified statute prohibition applied material obscene dismiss ginsberg ground concerned obscenity cf ante majority opinion need depend upon fact ginsberg insisted legislature rational basis finding depictions issue harmful children case california claim harm considerably stronger evidence california law imposes modest restriction expression statute prevents one playing video game prevents adult buying video game prevents child adolescent obtaining game provided parent willing help prevents child adolescent buying without parent assistance gruesomely violent video game kind industry tells us wants keep hands age see brief respondents statute upheld likely create precedent adversely affect media say films videos books typical video game involves significant amount physical activity see ante alito concurring judgment citing examples increasing interactivity video game controllers pushing buttons achieve interactive virtual form target practice using images human beings targets containing expressive component like watching typical movie see infra interest california advances support statute compelling previously described interest consists basic parental claim authority household direct rearing children makes proper enact laws designed aid discharge parental responsibility state independent interest youth ginsberg cf ne well distinguish laws impose morality children support right parents deal morals children see quoting henkin morals constitution sin obscenity colum rev interests work tandem fatally underinclusive state advance interests protecting children special harms present interactive video game medium default rule still allows parents provide children parents wish interests present need help parents guide children noted control guidance always provided today million children working parents routinely home alone see dept commerce census bureau minding kids child care arrangements spring online http thus anything become important supplement parents authority guide children development state independent interest pointed juveniles likely show vulnerable susceptible negative influences outside pressures character well formed adult roper simmons therefore recognized compelling interest protecting physical psychological minors sable communications supra time considerable evidence california statute significantly furthers compelling interest part video games excellent teaching tools learning practical task often means developing habits becoming accustomed performing task receiving positive reinforcement performing task well video games help develop habits accustom player performance task reward player performing task well else armed forces incorporate video games training see cnn war games military training goes online http tech tech military uses video games help soldiers train missions using medium beneficial purpose california argues teaching features video games put less desirable ends harm ensue particular extremely violent games harm children rewarding violently aggressive play thereby often teaching violently aggressive life video games cause harm respect typically passive media books films television programs many scientific studies support california views social scientists example found causal evidence playing games results harm longitudinal studies measure changes time found increased exposure violent video games causes increase aggression period see möller krahé exposure violent video games aggression german adolescents longitudinal analysis aggressive behavior gentile gentile violent video games exemplary teachers conceptual analysis youth adolescence anderson et longitudinal effects violent video games aggression japan pediatrics wallenius punamäki digital game violence direct aggression adolescence longitudinal study roles sex age communication applied developmental psychology experimental studies laboratories found subjects randomly assigned play violent video game subsequently displayed characteristics aggression played nonviolent games see anderson et violent video games specific effects violent content aggressive thoughts behavior advances experimental soc psychology surveys grade students found correlation playing violent video games aggression see gentile lynch linder walsh effects violent video game habits adolescent hostility aggressive behaviors school performance adolescence neuroscience shown virtual violence video game playing results neural patterns considered characteristic aggressive cognition behavior weber ritterfeld mathiak playing violent video games induce aggression empirical evidence functional magnetic resonance imaging study media psychology studies studies concluded exposure violent video games positively associated aggressive behavior aggressive cognition aggressive affect playing violent video games causal risk factor harmful outcomes anderson et violent video game effects aggression empathy prosocial behavior eastern western countries review psychological bulletin emphasis added studies take care explain sense way video games potentially harmful say films books television essence say closer child behavior comes watching acting horrific violence greater potential psychological harm see bushman huesmann aggression handbook social pscyhology fiske gilbert lindzey ed video games stimulate aggression eople learn better actively involved players likely identify violent characters violent games directly reward violent behavior polman de castro van aken experimental study differential effects playing versus watching violent video games children aggressive behavior aggressive behavior finding greater aggression resulting playing opposed watching violent game anderson gentile buckley violent video game effects children adolescents three studies finding greater effects games opposed television see also infra statements expert public health associations agreeing interactive games harmful passive media like television ante alito concurring judgment experts debate conclusions studies like many perhaps studies human behavior study critics critics produced studies reach different conclusions list sets research appendixes like judges lack social science expertise say definitively right associations public health professionals possess expertise reviewed many studies found significant risk violent video games compared passive media particularly likely cause children harm eleven years ago example american academy pediatrics american academy child adolescent psychiatry american psychological association american medical association american academy family physicians american psychiatric association released joint statement said ver studies point overwhelmingly causal connection media violence aggressive behavior children though less research done time preliminary studies indicated impact violent interactive entertainment video games interactive media young people may significantly severe wrought television movies music joint statement impact entertainment violence children emphasis added online http five years later research done american psychological association adopted resolution said omprehensive analysis violent interactive video game research suggests exposure increases aggressive behavior increases aggressive thoughts increases angry feelings decreases helpful behavior increases physiological arousal resolution violence video games interactive media online http governance council association added practice repetition rewards acts violence may conducive increasing aggressive behavior among children youth passively watching violence tv films ibid emphasis added four years american academy pediatrics issued statement significant part interactive media said studies rapidly growing types media indicated effects virtual violence may even profound passive media television many games child teenager game uses handheld controller enhances experience aggressive feelings policy statement media violence pediatrics emphasis added added correlational experimental studies revealed violent video games lead increases aggressive behavior aggressive thinking decreases prosocial behavior recent longitudinal studies revealed little months high exposure violent video games increased physical aggression recent longitudinal studies revealed similar effects across years ibid footnotes omitted unlike majority find sufficient grounds studies expert opinions defer elected legislature conclusion video games question particularly likely harm children always thought owed elected legislature degree deference respect legislative facts kind particularly involve technical matters beyond competence even first amendment cases see holder slip deferring applying strict scrutiny government national security judgments turner broadcasting system fcc deferring applying intermediate scrutiny government technological judgments majority reaching opposite conclusion validity relevant studies grants legislature deference compare ante stating studies provide evidence violent video games cause harm emphasis deleted supra citing longitudinal studies finding causation find less restrictive alternative california law least effective see reno majority points voluntary alternative industry tries prevent buying extremely violent games labeling games mature encouraging retailers restrict sales older see ante voluntary system serious enforcement gaps california enacted law federal trade commission ftc study found nearly unaccompanied able buy video games ftc marketing violent entertainment children online http subsequently voluntary program become effective ftc recent update congress still able buy video games breaking sales store one finds number rises nearly case one large national chain ftc marketing violent entertainment children online http industry easily revert back substantial noncompliance existed particularly today broad ruling reduces industry incentive police industry also argues alternative technological solution namely filtering console level brief respondents takes quick search internet find guides explaining circumvent technological controls youtube viewers example watched one guides called bypass parental controls xbox times see http iv upshot california statute applied heartland applications buyers extremely violent realistic video games imposes restriction speech modest restriction justified compelling interest supplementing parents efforts prevent children purchasing potentially harmful violent interactive material equally effective less restrictive alternative california statute consequently constitutional face though litigants remain free challenge statute applied particular instances including effort state apply minors aged add majority different conclusion creates serious anomaly first amendment law ginsberg makes clear state prohibit sale minors depictions nudity today makes clear state prohibit sale minors violent interactive video games sense make forbid selling boy magazine image nude woman protecting sale interactive video game actively virtually binds gags woman tortures kills kind first amendment permit government protect children restricting sales extremely violent video game woman bound gagged tortured killed also topless anomaly compelled first amendment disappears one recognizes extreme violence interactive without literary artistic similar justification prove least harmful children photographs nudity record adequate support view believe ginsberg controls outcome fortiori believe california law constitutional face case ultimately less censorship education constitution succeed securing liberties seeks protect unless raise future generations committed cooperatively making system government work education however choices sometimes children need learn making choices times choices made children parents teachers people acting democratically governments view first amendment disable government helping parents make choice choice children buy extremely violent interactive video games reasonably fear pose risk harm children reasons respectfully dissent appendixes assistance library compiled two appendixes listing academic journal articles topic psychological harm resulting playing violent video games library conducted search relevant articles following databases psycinfo pubmed academic search premier articlefirst oclc dialog files following search terms used computer arcade online prosocial empathy eliminating irrelevant matches based title abstract categorized articles either supporting hypothesis violent video games harmful listed appendix hypothesis violent video games harmful listed appendix many articles available california legislature parties briefing case list suggest substantial though controverted evidence supporting expert associations public health professionals concluded violent video games cause children psychological harm see supra consequently studies help substantiate validity original judgment california legislature well judgment continuing validity anderson bushman effects violent video games aggressive behavior aggressive cognition aggressive affect physiological arousal prosocial behavior review scientific literature psychological science psychological society anderson dill video games aggressive thoughts feelings behavior laboratory life personality soc psychology anderson et violent video games specific effects violent content aggressive thoughts behavior advances experimental soc psychology anderson ford affect game player effects highly mildly aggressive video games personality soc psychology bull anderson morrow competitive aggression without interaction effects competitive versus cooperative instructions aggressive behavior video games personality soc psychology bull anderson et longitudinal effects violent video games aggression japan pediatrics anderson et violent video game effects aggression empathy prosocial behavior eastern western countries review psychological bull anderson update effects playing violent video games adolescence anderson et influence media violence youth psychological science public interest anderson carnagey causal effects violent sports video games aggression competitiveness violent content experimental soc psychology anderson murphy violent video games aggressive behavior young women aggressive behavior arriaga esteves carneiro monteiro violent computer games effects state hostility physiological arousal aggressive behavior arriaga esteves carneiro monteiro effects unreal violent video games pronounced playing virtual reality system aggressive behavior baldaro et aggressive videogames psychological cardiovascular effects habitual players stress health society investigation stress ballard hamby panee nivens repeated exposure video game play results decreased blood pressure responding media psychology ballard lineberger video game violence confederate gender effects reward punishment given college males sex roles ballard wiest mortal kombat tm effects violent videogame play males hostility cardiovascular responding applied soc psychology barlett branch rodeheffer harris long violent video game effects last aggressive behavior barlett rodeheffer baldassaro hinkin harris effect advances video game technology content aggressive cognitions hostility heart rate media psychology barlett harris baldassaro longer play hostile feel examination first person shooter video games aggression video game play aggressive behavior barlett harris bruey effect amount blood violent video game aggression hostility arousal experimental soc psychology barlett rodeheffer effects realism extended violent nonviolent video game play aggressive thoughts feelings physiological arousal aggressive behavior barlett anderson swing video game effects confirmed suspected speculative review evidence simulation gaming bartholow sestir davis correlates consequences exposure video game violence hostile personality empathy aggressive behavior personality soc psychology bull bartholow anderson effects violent video games aggressive behavior potential sex differences experimental soc psychology bartholow bushman sestir chronic violent video game exposure desensitization violence behavioral brain potential data experimental soc psychology bluemke friedrich zumbach influence violent nonviolent computer games implicit measures aggressiveness aggressive behavior brady matthews effects media violence outcomes among young men archives pediatrics adolescent med browne influence violent media children adolescents approach lancet bushman anderson violent video games hostile expectations test general aggression model personality soc psychology bull bushman anderson comfortably numb desensitizing effects violent media helping others psychological science psychological society bushman rothstein anderson much ado something violent video game effects school red herring reply ferguson kilburn psychological bull calvert tan impact virtual reality young adults physiological arousal aggressive thoughts interaction versus observation applied developmental psychology carnagey anderson bartholow media violence social neuroscience new questions new opportunities current directions psychological science carnagey anderson violent video game exposure aggression literature review minerva psichiatrica carnagey anderson effects reward punishment violent video games aggressive affect cognition behavior psychological science psychological society carnagey anderson bushman effect video game violence physiological desensitization violence experimental soc psychology chambers ascione effects prosocial aggressive videogames children donating helping genetic psychology research theory human development chory cicchirillo relationship video game play trait verbal aggressiveness application general aggression model communications research reports cicchirillo effects affective orientation video game play aggressive thoughts behaviors broadcasting electronic media colwell payne negative correlates computer game play adolescents british psychology cooper mackie video games aggression children applied soc psychology deselms altman immediate prolonged effects videogame violence applied soc psychology dill dill video game violence review empirical literature aggression violent behavior dsign video games children violence video games yeni symposium eastin video game violence female game player opponent gender effects presence aggressive thoughts human communication research emes mr pac man eating children review effect video games children canadian psychiatry farrar krcmar nowak contextual features violent video games mental models aggression communication fischer kastenmüller greitemeyer media violence self impact personalized gaming characters aggressive video games aggressive behavior experimental soc psychology funk children exposure violent video games desensitization violence child adolescent psychiatric clinics north funk video games adolescent med clinics funk baldacci pasold baumgardner violence exposure video games television movies internet desensitization adolescence funk buchman jenks bechtoldt playing violent video games desensitization moral evaluation children applied developmental psychology funk et aggression psychopathology adolescents preference violent electronic games aggressive behavior funk buchman jenks bechtoldt approach examining impact playing violent video computer games simile studies media information literacy vol gentile stone violent video game effects children adolescents review literature minerva pediatrica gentile et effects prosocial video games prosocial behaviors international evidence correlational longitudinal experimental studies personality soc psychology bull gentile lynch linder walsh effects violent video game habits adolescent hostility aggressive behaviors school performance adolescence gentile gentile violent video games exemplary teachers conceptual analysis youth adolescence giumetti markey violent video games anger predictors aggression research personality graybill kirsch esselman effects playing violent versus nonviolent video games aggressive ideation aggressive nonaggressive children child study grigoryan stepanyan stepanyan agababyan influence aggressive computer games brain cortex activity level adolescents human physiology hastings et young children game use relations school performance behavior issues mental health nursing huesmann nailing coffin shut doubts violent video games stimulate aggression comment anderson et psychological bull huesmann impact electronic media violence scientific theory research adolescent health huesmann taylor role media violence violent behavior annual rev public health hummer et violent video game play adolescents alters prefrontal activity cognitive inhibition media psychology irwin gross cognitive temp violent video games aggressive behavior young boys family violence kirsh mounts violent video game play impacts facial emotion recognition aggressive behavior kirsh mounts olczak violent media consumption recognition dynamic facial expressions interpersonal violence kirsh olczak mounts violent video games induce affect processing bias media psychology kirsh effects violent video games adolescents overlooked influence development aggression violent behavior kirsh seeing world mortal glasses violent video games development hostile attribution bias childhood konijn bijvank bushman wish warrior role wishful identification effects violent video games aggression adolescent boys developmental psychology krahé möller playing violent electronic games hostile attributional style norms german adolescents adolescence krcmar farrar mcgloin effects video game realism attention retention aggressive outcomes computers human behavior krcmar lachlan aggressive outcomes videogame play role length play mechanisms work media psychology krcmar farrar retaliatory aggression effects point view blood violent video games mass communication society kronenberger et media violence exposure aggressive control adolescents differences exposure violence television video games aggressive behavior kronenberger et media violence exposure executive functioning aggressive control adolescents clinical psychology kuntsche hostility among adolescents switzerland multivariate relations excessive media use forms violence adolescent health lee peng klein experience playing violent role video game influence people judgments violent crimes computers human behavior lemmens bushman appeal violent video games lower educated aggressive adolescent boys two countries cyberpsychology behavior mathiak weber toward brain correlates natural behavior fmri violent video games human brain mapping möller krahé exposure violent video games aggression german adolescents longitudinal analysis aggressive behavior nowak krcmar farrar causes consequences presence considering influence violent video games presence aggression presence teleoperators virtual environments olson et video games aggressive problem behavior among young adolescents applied developmental science panee ballard high versus low aggressive priming training effects violent action game play hostility heart rate blood pressure applied soc psychology persky blascovich immersive virtual environments versus traditional platforms effects violent nonviolent video game play media psychology persky blascovich immersive virtual video game play presence influences aggressive feelings behavior presence teleoperators virtual environments polman de castro van aken experimental study differential effects playing versus watching violent video games children aggressive behavior aggressive behavior potera sex violence media influence teen behavior three studies show correlation american nursing richmond wilson graphic media violence aggression moral disengagement related psychiatry psychology law schaefer harrison effects violent fantasy children aggressive behavior psychology educ schmierbach killing spree exploring connection competitive game play aggressive cognition communication research sheese graziano deciding defect effects violence cooperative behavior psychological science psychological society sherry effects violent video games aggression human communication research shibuya sakamoto ihori yukawa effects presence contexts video game violence children longitudinal study japan simulation gaming sigurdsson gudjonsson bragason kristjansdottir sigfusdottir role violent cognition relationship personality involvement violent films computer games personality individual differences silvern williamson effects video game play young children aggression fantasy prosocial behavior applied developmental psychology slater henry swaim cardador vulnerable teens vulnerable times sensation seeking alienation victimization moderate violent media content aggressiveness relation communication research slater henry swaim anderson violent media content aggressiveness adolescents downward spiral model communication research bliesener luthman hostile hardened experimental study sensitization violence suffering playing video games swiss psychology steward follina informing policies forensic settings review research investigating effects exposure media violence behaviour british forensic prac swing anderson unintended negative consequences exposure violent video games int cognitive tech tamborini et violent virtual video games hostile thoughts broadcasting electronic media uhlmann swanson exposure violent video games increases automatic aggressiveness adolescence vaughan inadvertent script change increased propensity violence danger interactive video games transactional analysis wallenius punamäki digital game violence direct aggression adolescence longitudinal study roles sex age communication applied developmental psychology wallenius punamäki rimpelä digital game playing direct indirect aggression early adolescence roles age social intelligence communication youth adolescence wang et short term exposure violent video game induces changes frontolimbic circuitry adolescents brain imaging behavior weber ritterfeld mathiak playing violent video games induce aggression empirical evidence functional magnetic resonance imaging study media psychology wiegman van schie video game playing relations aggressive prosocial behaviour british soc psychology williams effects frustration violence trait hostility playing video game mass communication society ybarra et linkages internet media violence seriously violent behavior youth pediatrics bensley van eenwyk video games aggression review literature adolescent health bösche violent content enhances video game performance media psychology theories methods applications colwell kato video game play british japanese adolescents simulation gaming colwell kato investigation relationship social isolation aggression computer game play japanese adolescents asian soc psychology dominick videogames television violence aggression teenagers communication ferguson blazing angels resident evil violent video games force good rev gen psychology ferguson violent video games dogma fear pseudoscience skeptical inquirer ferguson good bad ugly review positive negative effects violent video games psychiatric ferguson meehan saturday night alright fighting antisocial traits fighting weapons carrying large sample youth psychiatric ferguson et violent video games aggression crim justice behavior ferguson research effects violent video games critical analysis soc personality psychology compass ferguson rueda hitman study violent video game exposure effects aggressive behavior hostile feelings depression european psychologist ferguson san miguel hartley multivariate analysis youth violence aggression influence family peers depression media violence pediatrics ferguson evidence publication bias video game violence effects literature review aggression violent behavior ferguson school video game link causal relationship moral panic investigative psychology offender profiling ferguson et personality parental media influences aggressive personality violent crime young adults aggression maltreatment trauma ferguson kilburn much ado nothing misestimation overinterpretation violent video game effects eastern western nations comment anderson et al psychological bull fleming rickwood effects violent versus nonviolent video games children arousal aggressive mood positive mood applied soc psychology griffiths violent video games aggression review literature aggression violent behavior griffiths video games aggression psychologist ivory kalyanaraman effects technological advancement violent content video games players feelings presence involvement physiological arousal aggression communication kestenbaum weinstein personality psychopathology developmental issues male adolescent video game use academy child psychology markey markey vulnerability violent video games review integration personality research rev gen psychology markey scherer examination psychoticism motion capture controls moderators effects violent video games computers human behavior mitrofan paul spencer aggression children behavioural emotional difficulties associated television viewing video game playing systematic review child care health development olson media violence research youth violence data conflict academic psychiatry porter starcevic violent video games harmful australasian psychiatry regenbogen herrmann fehr neural processing voluntary completed real virtual violent nonviolent computer game scenarios displaying predefined actions gamers nongamers soc neuroscience scott effect video games feelings aggression psychology sestir bartholow violent nonviolent video games produce opposing effects aggressive prosocial outcomes experimental soc psychology unsworth devilly ward effect playing violent video games adolescents parents quaking boots psychology crime law unsworth ward video games aggressive behavior australian psychologist williams skoric internet fantasy violence test aggression online game communication monographs winkel novak hopson personality factors subject gender effects aggressive video games aggression adolescents research personality footnotes justice alito distinguishes stevens several grounds seem us ill founded suggests post opinion concurring judgment stevens apply strict scrutiny doubt make fortiori case says post california act punishes sale rental rather creation possession violent depictions distinction appears nowhere stevens good reason make permissible prohibition printing selling books though writing whether government regulation applies creating distributing consuming speech makes difference finally justice alito points post stevens left open possibility narrowly drawn statute constitutional true entirely irrelevant stevens said slip statute issue might pass muster limited videos acts animal cruelty violated law acts performed contention virtual characters depicted imaginative videos issue criminally liable statute ginsberg restricted sale certain depictions nudity sexual conduct sexual excitement abuse armful minors depiction harmful minors predominantly appeals prurient shameful morbid interests minors ii patently offensive prevailing standards adult community whole respect suitable material minors iii utterly without redeeming social importance minors appendix opinion quoting penal law justice thomas ignores holding erznoznik denies persons constitutional right speak spoken without parents consent cites case state federal supporting view knowledge none dissent devoted proposition parents traditionally power control children hear say true enough perhaps follows state power enforce parental prohibitions require example promoters rock concert exclude minors whose parents advised promoters children forbidden attend follow state power prevent children hearing saying anything without parents prior consent latter mean example made criminal admit persons political rally without parents prior written consent even political rally support laws corporal punishment children laws favor greater rights minors good first amendment rights speech must good first amendment rights religion well made criminal admit person church give person religious tract without parents prior consent point justice thomas believes post merely laws undesirable obviously infringement upon religious freedom young people wish proselytize young people laws enforce parental authority children speech religion impose governmental authority subject parental veto absence precedent state control uninvited parents child speech religion justice thomas cites none absence justification control satisfy strict scrutiny laws must unconstitutional argument justice thomas asserts circular ibid absence historical warrant compelling justification restrictions ipse dixit renders invalid justice alito accuses us pronouncing playing violent video games different reading violent literature post well course different kind way causes provision viewing violent video games unlike provision reading books expressive activity hence enjoy first amendment protection reading dante unquestionably cultured intellectually edifying playing mortal kombat cultural intellectual differences constitutional ones crudely violent video games tawdry tv shows cheap novels magazines less forms speech divine comedy restrictions upon must survive strict scrutiny question devote attention part iii infra even see nothing possible value society much entitled protection free speech best literature winters new york crusade comic books led psychiatrist frederic wertham told senate judiciary committee long crime comic books industry exists present forms secure homes juvenile delinquency comic books hearings subcommittee investigate juvenile delinquency wertham objections extended even superman comics described particularly injurious ethical development children wertham crusade convince new york legislature pass ban sale certain comic books minors vetoed governor thomas dewey ground unconstitutional given opinion winters supra see people bookcase see video software dealers assn schwarzenegger interactive digital software assn louis county american amusement machine assn kendrick entertainment software assn foti supp md la entertainment software assn hatch supp aff entertainment software assn granholm supp ed entertainment software assn blagojevich supp nd aff one study example found children finished playing violent video games likely fill blank letter reads explode explore app internal quotation marks omitted prevention phenomenon might anticipated common sense compelling state interest justice alito mistaken thinking fail take account new rapidly evolving technology post studies question pertain new rapidly evolving technology fail show degree certitude strict scrutiny requires restriction speech justified justice alito correct attributing us view violent video games really present serious problem post perhaps present problem perhaps none us allow children play sorts problems surely serious one addressed governmental restriction free expression example problem encouraging national socialist party america skokie per curiam problem spreading political philosophy hostile constitution noto problem encouraging disrespect nation flag texas johnson justice breyer hold california satisfied strict scrutiny based upon research issue harmfulness violent video games see post appendixes dissenting opinion listing competing academic articles discussing harmfulness vel non violent video games vast preponderance research outside record event see lead justice breyer conclusion since admits say whether studies side right wrong post similarly justice alito says sure whether constitutionally dispositive differences video games media post strict scrutiny plainly satisfied justice breyer concludes remaining gap compelling according ftc report still able buy games post citing ftc report gap compliance unavoidable sale alcohol minors example long illegal study suggests retailers still sell alcohol drinking age brief state rhode island et al amici curiae even sale violent video games minors deterred increasing regulation government compelling interest marginal percentage point goals advanced footnotes well established judgment may affirmed alternative ground properly raised addressed lower washington confederated bands tribes yakima nation california law game meets threshold requirement set text also qualifies violent nables player virtually inflict serious injury upon images human beings characters substantially human characteristics manner especially heinous cruel depraved involves torture serious physical abuse victim appeals california conceded alternative definition unconstitutional therefore requirements set text us provision new york law petitioner convicted ginsberg framed similar specificity provision applied depictions nudity sexual conduct terms specifically unambiguously defined see appendix opinion california law define term maiming state cited decisions courts define term context accordingly take term ordinary meaning includes infliction serious wound see webster third new international dictionary hereinafter webster oral argument california also proposed term minors interpreted referring typical age group minors play video games tr oral arg nothing law text supports limitation california cited decisions indicating courts restrict law way nothing record indicating age group might federal trade commission report showed percent unaccompanied children ages able buy games percent able buy game marketing violent entertainment children fourth review industry practices motion picture music recording electronic game industries july http internet materials visited june available clerk case file see chayka visual games photorealism crisis kill screen may http see brief video excerpts games highly realistic graphics see spike tv video game awards game year nominees http see selleck sony launching video games near future slashgear http sofge work tv great gaming popular mechanics mar http chatfield fun games century serious business predicting expect physical feedback motion detection standard every gaming device near future blascovich bailenson infinite reality avatars eternal life new worlds dawn virtual revolution technological developments powering virtual worlds accelerating ensuring virtual experiences become immersive providing sensory information makes people feel virtual worlds emphasis original see topolsky mindwire turns gaming pure electroshock torture engadget mar http mindwire turns gaming greenemeier video game vest simulates sensation capped scientific american http see schiesel real threat faces nintendo wii times describing leading developers consoles competing deliver gaming devices sample violent video games see wilson violent video games time http see brief video excerpts violent games see chomik top violent video games http sayed violent video games made puke gamingbolt may http webley school shooter video game reenact columbine virginia tech killings time apr http school shooter video game web site made school shooter available download removed response mounting criticism developer stated may make game available web site inside sick site school shooter mod mar http lah rapelay video game goes viral amid outrage cnn mar http world graham custer may shot battle sexes video games people pp scheeres games elevate hate next level wired http thompson view kill jfk reloaded plain creepy slate http notes children books ask young readers step shoes character make choices take stories along one limited number possible lines see ante nature print medium makes impossible book offer anything like number choices provided video game footnotes justice alito concludes law vague satisfy due process neither district appeals addressed question ante opinion concurring judgment often said one final review first view fcc fox television stations slip quoting cutter wilkinson majority responds follow historical evidence state power prevent children hearing anything without parents prior consent ante conclusion majority asserts lead laws view undesirable obviously unconstitutional ibid majority circular argument misses point question whether certain laws might make sense judges legislators today rather public likely understood freedom speech mean first amendment adopted see district columbia heller believe clear founding public understood freedom speech include speech minor children bypassing parents follows first amendment imposes restriction state regulation speech note may precedent state control ante establish constitutional right mcintyre ohio elections scalia dissenting whether statute survive challenge unusual case emancipated minor question another day decide case enough statute unconstitutional face