미 연방대법원에서의 폭력적인 비디오 게임과 예술 및 표현의 자유에 대한 논의

Although the U.S. Constitution strongly advocates the freedom of expression by Amendment I, American society has experienced considerable legal debates on whether to constitutionally protect new media and contents such as TV, radio, comics, and movies. Confronting hard cases, the U.S. Supreme Court has finalized social polemic by individually listing expressions which should be excluded from constitutional protection. After concerns on the negative effect of violent video games have increased and several states enacted regulations against minor’s use of violent video games, game industries asked the Court to clarify whether violent video games could be protected under the First Amendment or not. The Brown case held that violent video games should be constitutionally protected because it has artistic or expressional value itself and violent expression is one of widely accepted expression in the tradition of American popular cultures and arts. However, violent video games could be regulated to protect minors if legislators establish the compelling state interest and narrowly tailor the least restrictive legislation.