Supreme Court Ruling on Violent Video Games Due By the End of Next Week

Brown vs. EMA will finally be decided as the Supreme Court's current term comes to a close.

In November, the United States Supreme Court heard arguments in the case of Schwarzenegger vs. Entertainment Merchants Association. Seven months later, the Justices have yet to decide whether or not California can regulate the sale of violent video games, but with SCOTUS now in the last two weeks of its term, a ruling is finally imminent.

The case, now known as Brown vs. EMA with the Governator out of office, marks the first time the Supreme Court has considered the issue of violent video games, a hot-button topic that has been debated nationwide for years.

In 2005, the California legislature passed AB 1179, a law that would punish retailers who sold or rented violent, mature-rated videogames to anyone under 18 years old. The lower court quickly struck down the law on free-speech grounds, as did lower courts in a dozen other states over the years that attempted to enact similar pieces of legislation.

The Supreme Court agreed to consider California's case in April 2010, and listened to arguments from both sides in November. During the hearing, California attorney Zackery Morazzini argued that states should be able to ban the sale of violent video games to anyone under 18 just as they can restrict the sale of pornography.

Attorney Paul Smith argued on behalf of the EMA, and really, the video game industry as a whole, saying that California's effort to restrict video game sales was similar to past misguided efforts to protect children from comic books, music, and movies.

(For the full transcript of the hearing along with commentary and insight from our resident legal expert, Eric Neighter, check out this Objection! feature.)

Now in the final two weeks of its term, the Supreme Court handed down a number of rulings on its 14 remaining cases on Monday, Brown vs. EMA not among them. That leaves tomorrow (Thursday) as a potential conclusion or Monday or Thursday of next week. SCOTUS could also extend the current session into July if it is unable to make a decision on the matter, though such extensions are rare.

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