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Vague laws force potential speakers to “ ‘steer far wider of the unlawful zone’ … than if the boundaries of the forbidden areas were clearly marked.”

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The lack of such notice in a law that regulates expression “raises specialįirst Amendment concerns because of its obvious chilling effect on free speech.” Because I agree with the latter argument, I see no need to reach the broaderįirst Amendment issues addressed by the Court.ĭue process requires that laws give people of ordinary intelligence fair notice of what is prohibited. Respondents in this case, representing the video-game industry, ask us to strike down the California law on two grounds: The broad ground adopted by the Court and the narrower ground that the law’s definition of “violent video game,” see Cal.

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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. 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. 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. The opinion of the Court exhibits none of this caution. And we should not hastily dismiss the judgment of legislators, who may be in a better position than we are to assess the implications of new technology. We should not jump to the conclusion that new technology is fundamentally the same as some older thing with which we are familiar. We should take into account the possibility that developing technology may have important societal implications that will become apparent only with time. We should make every effort to understand the new technology. In considering the application of unchanging constitutional principles to new and rapidly evolving technology, this Court should proceed with caution. I disagree, however, with the approach taken in the Court’s opinion.

Although the California statute is well intentioned, its terms are not framed with the precision that the Constitution demands, and I therefore agree with the Court that this particular law cannot be sustained. The California statute that is before us in this case represents a pioneering effort to address what the state legislature and others regard as a potentially serious social problem: the effect of exceptionally violent video games on impressionable minors, who often spend countless hours immersed in the alternative worlds that these games create.