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Citation: 329 F.3d 954Docket: 02-3010

Court: Court of Appeals for the Eighth Circuit; July 9, 2003; Federal Appellate Court

Narrative Opinion Summary

The case concerns a legal challenge to the enforcement of a St. Louis County ordinance restricting the sale, rental, or availability of graphically violent video games to minors without parental consent. The plaintiffs, representing various entities in the video game industry, argued that this ordinance infringed upon their First Amendment rights. Initially, the district court upheld the ordinance, dismissing the case. On appeal, the Eighth Circuit Court reversed this decision, asserting that video games, as a form of entertainment, are protected speech under the First Amendment, similar to other artistic mediums. The court applied strict scrutiny to the ordinance, requiring the County to prove a compelling state interest with substantial evidence, which it failed to do. The court also addressed the issue of parental control, affirming that while important, it cannot justify restrictions on protected speech. The ordinance was found unconstitutional, and the case was remanded with instructions to issue an injunction against its enforcement. Judges McMillian and Melloy did not participate in the decision, and the ordinance's provisions on sexually explicit games were not contested by the plaintiffs.

Legal Issues Addressed

First Amendment Protection of Video Games

Application: The appellate court determined that video games are a form of speech protected under the First Amendment, similar to other artistic expressions.

Reasoning: The Eighth Circuit Court reversed the district court's decision, arguing that video games are a protected form of speech under the First Amendment, asserting that the district court had improperly concluded that video games lacked constitutional protection due to their status as a new medium.

Obscenity and First Amendment Limitations

Application: The court found that violent video games do not meet the legal definition of obscenity, which is a category not protected by the First Amendment.

Reasoning: However, material that depicts violence, without sexual content, does not meet the legal definition of obscenity.

Parental Control and First Amendment Rights

Application: The court recognized the importance of parental control but concluded that it cannot be achieved by infringing upon First Amendment rights.

Reasoning: While parental authority in child-rearing is recognized as fundamental, the court determines that the County cannot constitutionally restrict First Amendment rights to support this authority.

Strict Scrutiny for Content-Based Restrictions

Application: The court applied strict scrutiny to the ordinance as it imposed a content-based restriction on speech, requiring the County to demonstrate a compelling state interest and narrow tailoring.

Reasoning: Since the ordinance targets video games based on their content, specifically those deemed 'graphically violent,' it is subject to strict scrutiny.