The U.S. Supreme Court holds that obscenity warrants no First Amendment protection whereas violent speech garners complete constitutional protection. In Entertainment Software Association v. Blagojevich, et al., the Seventh Circuit struck down two statutes regulating the sale of sexually explicit and violent video games to minors for violating the First Amendment. While the Seventh Circuit correctly applied Supreme Court precedent, it strained to find any logic to support holding the two categories of speech to different levels of protection. Accordingly, this Note will argue that the Supreme Court should grant full First Amendment protection to obscenity. It will also argue that the compelling interest of protecting the well-being of minors requires the Court to hold sexually explicit and violent expression to the same standard.
Michael J. Aschenbrener,
Gaming the System: The Seventh Circuit Prefers Its Video Games Violent, Not Sexy,
Seventh Circuit Rev.
Available at: https://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol2/iss2/11