PMID: 30027726Jan 1, 2010Paper

From Research Conclusions to Real Change: Understanding the First Amendment's (Non)Response to the Negative Effects of Media on Children by Looking to the Example of Violent Video Game Regulations

SMU Law Review : a Publication of Southern Methodist University School of Law
Renee Newman Knake

Abstract

Through the careful examination of a case taken up by the U.S. Supreme Court during the 2010 Term, Schwarzenegger v. Entertainment Merchants Ass'n, this article assesses a new perspective on the issue of regulating children's access to mass media. The dominant influence of mass media on children is recognized by experts across many disciplines, including child development, communication theory, psychology, sociology, and medicine. Numerous studies demonstrate potential harm to children from exposure to mass media and marketing sources. Nevertheless, courts have been reluctant to recognize such consequences, primarily on the basis of First Amendment and free speech concerns. Indeed, in a significant line of cases the courts have invalidated every legislative effort to regulate children's access to violent video games. This legal reluctance presents a major barrier to the real world application of and benefit from research conclusions regarding the impact of media violence and consumer culture on children. While research of this nature has supported attempts at industry self-regulation or voluntary compliance with ethical guidelines, such efforts have achieved little success. The disconnect between law and social science has led ...Continue Reading

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