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Violent Video Games & "Constitutionalized" Negligence, Deana Ann Pollard Sacks
Violent Video Games & "Constitutionalized" Negligence, Deana Ann Pollard Sacks
Deana A Pollard
Violent video games create serious risks of harm to children’s brain functioning, health, and safety. Extremely wealthy game producers’ demonstrated disregard for children’s safety raises questions about lower courts’ negligent speech liability rules that effectively bar tort liability for unreasonably dangerous speech, including violent video games. Violent Video Games & “Constitutionalized” Negligence reviews the latest scientific data on the effects of violent video games on children and challenges the prevailing negligent speech liability rules generally, and specifically relative to violent video game producers’ relationship with children. Most courts have adopted the Brandenburg incitement test to prove fault and causation in …
California's Interest In Schwarzenegger V. Entertainment Merchants Association, Deana Ann Pollard Sacks
California's Interest In Schwarzenegger V. Entertainment Merchants Association, Deana Ann Pollard Sacks
Deana A Pollard
The issue pending before the Supreme Court in Schwarzenegger v. Entertainment Merchants Association is whether a California law prohibiting the sale of the most violent “morbid or deviant” video games to minors violates the minors’ First Amendment right to receive the video game “speech.” The manner in which the Ninth Circuit has framed this issue, however, fails to identify fully all of the minors’ First Amendment interests at risk on both sides of the controversy. The most recent and credible scientific evidence concerning the risks that violent video games pose to the mental health of minors has constitutional implications that …
California's Interest In Schwarzenegger V. Entertainment Merchants Association, Deana Ann Pollard Sacks
California's Interest In Schwarzenegger V. Entertainment Merchants Association, Deana Ann Pollard Sacks
Deana A Pollard
The issue presented to the Court in Schwarzenegger v. Entertainment Merchants Association is whether a California sales regulation prohibiting the sale of the most violent “morbid or deviant” video games to minors under eighteen years of age violates the minors’ rights to receive the video game “speech.” The issue, as framed, fails to identify fully all of the minors’ First Amendment interests at risk on both sides of the controversy. When viewed from a broader perspective that considers the most recent and credible scientific evidence concerning the risks that violent video games pose to minors synthesized with constitutional policies, the …