Are video games constitutionally protected from all speech restrictions?
Mr. Smith suggested that the EMA’s position was that video games deserved the same protection as all other forms of media. The Justices pressed him on this, asking several times if perhaps a statute could be written that would have a similar effect but pass constitutional muster. Mr. Smith repeatedly said no. The Court seemed generally displeased with this answer, and there was a lengthy, and very interesting, intellectual debate about First Amendment jurisprudence.
