Underage GTA 9, 13, 14 - Charles Nguyen 9 Scalia Flowchart...

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Charles Nguyen 9) Scalia Flowchart Analysis State Action? Yes, California Assembly Bill 1179 (2005) prohibits the sale or rental of “violent video games” to minors and requires their packaging to be labeled “18”. Targeting Expression? Yes, children playing video games is a form of expression. Targeting Bad Speech? No, it does not target any bad speech. Targeting Advertising? No, it does not target forms of advertising. Targeting Porn? No. it does not target porn in this case. Content-Neutral TPM? No, in fact this law is content-based prohibiting the sales and renting of violent video games. → → Strict Scrutiny Religious/ Political Speech? Yes, by default since it is content-based Compelling gov’t interest? 1. National Security-No, the government has failed to show this is a threat to national security, but rather a social problem. 2. Protect the children-Yes, help protect children from portrayal of violence. 3. Protect the integrity of our democracy-No, the government has failed to show any disintegrity.
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  • Spring '15
  • EmilyErickson
  • Communications, First Amendment to the United States Constitution, JUSTICE BREYER

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