Brown v. Entertainment Merchants Association

In Brown v. Entertainment Merchants, a group of video game and software companies filed a pre-enforcement challenge to a California law restricting the sale or rental of violent video games to minors. The Supreme Court ruled in favor of the companies and found that the games qualified for First Amendment protection, noting that like “the protected books, plays, and movies that preceded them, video games communicate ideas . . . through features distinctive to the medium (such as the player’s interaction with the virtual world).”