Why the hell aren game ratings legally binding, anyway?
This one is a bit trickier, particularly for non-Americans who have legislated game ratings in their own countries and wonder what all the fuss is about. It comes down to the First Amendment to the United States Constitution – that’s the one about free speech, among other things. Simplistically put, which is about all I’m good for, the First Amendment severely restricts the ability of state and federal governments to regulate personal or artistic expression, be it in books, music, television, movies or, so the courts have decided, videogames. Some legislators, and a wackjob former lawyer or two, have attempted to have videogames declared exempt from such protection, much like hardcore pornography, but the judiciary in several states across the country have repeatedly called bullshit and refused to differentiate videogames from any other medium. Without compelling evidence that videogames are harmful material – and despite what videogame critics may claim, there is no such evidence – th