Censorship in the Video Game Industry: Government Intervention or Parental Controls?
University of Denver Sports and Entertainment Law Journal, Sturm College of Law, Denver, CO, 5(9), 54-72, March 2011
Richard Hunter, J.D. Department of Economics and Legal Studies
Hector R Lozada-Vega, Ph.D.Department of Marketing
Ann Mayo, Ph.D.Department of Management
The article is a comprehensive review of the constitutional issues surrounding legislation which regulates the video game industry in the context of the Illinois Sexually Explicit Video Game Law (SEVGL).
The article reviews the process of the Entertainment Software Rating Board (ESRB), the application of strict scrutiny analysis by the Court of Appeals, the discussion relating to the constitutionality of the SEVGL, and revisits the important precedents found in Ginsberg and Miller. The article offers a suggestion for future legislative efforts in the area of regulation of this important industry.