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Teens, Porn, And Video Games: Is It Time To Rethink Ginsberg?, John A. Humbach
Teens, Porn, And Video Games: Is It Time To Rethink Ginsberg?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This term the Supreme Court will decide whether states can constitutionally ban sales of violent videogames to minors. In reaching its decision, the Court will inevitably be faced with how to deal with Ginsberg v. New York, the case that allowed states to forbid sales of non-obscene (constitutionally "protected") pornography to persons under age 17.
The opinion in Ginsberg, if not the result, is an odd duck in First Amendment jurisprudence. It is a case that applied "rational basis" review in an area where the Supreme Court now insists on strict scrutiny. But the Court predicated its use of rational …