Silencing the Censors: Recent Developments in the Battle for Free Expression in Game Development By Lawrence G. Walters, Esq. Weston, Garrou, Walters & Mooney [email protected] www.GameCensorship.com Introduction
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By Lawrence G. Walters, Esq.
Weston, Garrou, Walters & Mooney
Protecting children from sex is generally accepted as a compelling state interest, hence the ubiquitous “Harmful to Minors” laws.
Sexual content is sometimes capable of regulation, while content containing violence and drugs is very difficult to restrict.
Family values groups use the catchphrase of “protecting children” to further political agendas including censorship of speech they oppose.
Government must prove the existence of some actual ‘harm’ resulting from the speech it wants to regulate, to justify video game laws.
= Free Speech
Content–based laws are invalid.
“Strict Scrutiny” Test:
-Michael Gallagher, president and CEO of the Entertainment Software Association
Jack Free Expression in Game Development