Ken Thomas writes about Justice Thomas’ dissent in the violent video game case on the “No Right Turns” blog at the Ashbrook Center here. Justice Scalia wrote the majority opinion striking down the California law that restricts the sale of violent videos to minors. I think Thomas has the better argument.
Justice Clarence Thomas has authored one of the Court’s most unusual and as usual most instructive court opinions, dissenting in the violent video case (look about 40% of the way down, after the majority opinion). In voting to uphold California’s restrictions on sales of violent video games to minors, Justice Thomas surveys the Founders’ views of child rearing, noting among other items Jefferson’s education instructions to his wife, the contrasting views of Locke and Rousseau, and children’s reading of the time. The upshot:
“The freedom of speech,” as originally understood, does not include a right to speak to minors without going through the minors’ parents or guardians. Therefore, I cannot agree that the statute at issue is facially unconstitutional under the First Amendment.
The Court’s version of the first amendment appears to have little to do with the original purpose of that element of self-government–the protection of political speech.
