Power to the Players

Henry Jenkins III

Why video games need the protection of the First Amendment.

Suppose a Federal Judge was asked to determine whether books were protected by the First Amendment. Suppose instead of seeking testimony from noted literary scholars, examining the historical evolution of the novel, or surveying the range of content at the local bookstore, the judge choose four books, all within the same genre, to stand in for the medium as a whole. Better yet, suppose the judge didn't even read the books and instead simply listened to the prosecutor read excerpts aloud. Would this seem remotely adequate?

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