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Nothing Wins Justice: Video Games, The First Amendment, and Obscenity

Censorship. Just say that word in front of hard core gamers, particularly on a forum which grants anonymity, and you'll likely get a stream of profanity laden rants against "fascists" and "Christians" wiping their collective asses with the First Amendment. Indeed, with every new violent game, whether the game is a great one or a repulsively stupid one, the back and forth is largely the same. What gets lost in the discussions of censorship, the Entertainment Software Rating Board (ESRB), and fragile young minds is what the law and the courts have come to decide about the rapidly growing video games industry. This column will attempt to address these issues by examining case law and legal opinion on video games and the government's power to regulate and censor them.

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