NewYorkCountryLawyer writes "The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video ms-dos Dealers syndicate v. Schwarzenegger, the federal appeals court ruled that 'the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the 'variable obscenity' gauge from Ginsberg v. New York, 390 U.S. 629 (1968). applying strict scrutiny, we hold that the Act violates rights protected by the First improvement because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State's expressed interests. Additionally, we hold that the Act's labeling condition is unconstitutionally compelled speech under the First enhancement because it does not require the expository of purely factual information; but compels the carrying of the State's debatable opinion.'"

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