Oregon Law Review : Vol. 89, No. 2, p. 415-504 : Déjà Vu: From Comic Books to Video Games: Legislative Reliance on “Soft Science” to Protect Against Uncertain Societal Harm Linked to Violence v. the First Amendment

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Title: Oregon Law Review : Vol. 89, No. 2, p. 415-504 : Déjà Vu: From Comic Books to Video Games: Legislative Reliance on “Soft Science” to Protect Against Uncertain Societal Harm Linked to Violence v. the First Amendment
Author: Day, Terri R.; Hall, Ryan C.W.
Abstract: With an eye toward a Supreme Court decision sometime next year, this Article looks at the First Amendment implications of restrictions on violent video games and the tension between social sciences and the law in protecting children from uncertain harm that may be caused by violent video games. Part I chronicles the history of industry measures, in response to political pressure, to shield young children from the perceived negative effects of violence in various media. Part II addresses the First Amendment obstacles to imposing restrictions on violent video games. Part III reviews the current state of the conflicted scientific literature on the issue of violent video games and their effects on children. The potential biases and limitations of applying social science research to legal issues will be discussed, suggesting that the Court set high standards for using and reviewing social science research in First Amendment cases. This Article is not meant simply to predict how the Court will rule. It proposes a newly articulated standard for reviewing legislative findings when social science evidence is relied upon to support restricting First Amendment liberties. Finally, this Article will end on a cautionary note, concluding that politics and “soft science” should not dictate First Amendment jurisprudence, even for the laudable goal of protecting children.
Description: 38 p.
URI: http://hdl.handle.net/1794/10954
Date: 2010


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