A ruling by the U.S. Supreme Court in 2011 (Brown v. Entertainment Merchants Association / Entertainment Software Association) found that
video games are a constitutionally - protected form
of expression, and that laws restricting their sale or
rental based upon
violent content are unconstitutional.
Justice Scalia wrote the majority decision, in which it was decided that a California law prohibiting the sale or
rental of «
violent video games» to minors is invalid as violating the first amendment protecting freedom
of speech.