Is Mortal Kombat the highest form of free speech?
Maybe not. But it is protected by the First Amendment, according to a majority of the U. S. Supreme Court.
The Supreme Court's ruling on June 27 in Brown v. Entertainment Merchants Association struck down a California law restricting the sale or rental of violent video games to minors. It makes for interesting reading, and it produced several different opinions. Justice Antonin Scalia -- joined by Justices Kennedy, Ginsburg, Sotomayor and Kagan -- delivered a full-throated defense of violent video games, holding, "Crudely violent video games, tawdry TV shows, and cheap novels and magazines are no less forms of speech than The Divine Comedy, and restrictions upon them must survive strict scrutiny." He compared violent video games to Grimm's Fairy Tales, where the wicked queen, as punishment for trying to poison Snow White, "fell dead on the floor," and to Cinderella, where her evil stepsisters "have their eyes pecked out by doves."
The California law was dead on arrival, the Court said, because the state "acknowledges that it cannot show a direct causal link between violent video games and harm to minors."
Justice Samuel Alito and Chief Justice John Roberts weren't so sure. Alito wrote, "In the view of the Court, all those concerned about the effects of violent video games -- federal and state legislators, educators, social scientists, and parents -- are unduly fearful, for violent video games really present no serious problem. Spending hour upon hour controlling the actions of a character who guns down scores of innocent victims is not different in 'kind' from reading a description of violence in a work of literature. The Court is sure of this; I am not. There are reasons to suspect that the experience of playing violent video games just might be very different from reading a book, listening to the radio, or watching a movie or a television show."