But video games are a form of free expression. Many have elaborate plots and characters, often drawn from fiction or history. The California law is a content-based restriction, something that is presumed invalid under the First Amendment. The Supreme Court has made it clear that minors have First Amendment rights....California lawmakers may have been right when they decided that video games in which players kill and maim are not the most socially beneficial form of expression. The Constitution, however, does not require speech to be ideal for it to be protected.
Too bad the Times doesn't hold the First Amendment in such high regard when it comes to truly important speech: political speech on issues of the day, the most vital kind there is in a democracy.
A January 22 editorial termed the Supreme Court's victory for expanding free speech, in the form of loosening restrictions on companies spending money on political campaigns, "The Court's Blow to Democracy ." The text was no less hysterical:
With a single, disastrous 5-to-4 ruling, the Supreme Court has thrust politics back to the robber-baron era of the 19th century. Disingenuously waving the flag of the First Amendment, the court's conservative majority has paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding.
Congress must act immediately to limit the damage of this radical decision, which strikes at the heart of democracy.
As a result of Thursday's ruling, corporations have been unleashed from the longstanding ban against their spending directly on political campaigns and will be free to spend as much money as they want to elect and defeat candidates. If a member of Congress tries to stand up to a wealthy special interest, its lobbyists can credibly threaten: We'll spend whatever it takes to defeat you.
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