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Why the Court Was Wrong in the Video Game Case

2:35 PM, Jun 30, 2011 • By JEFFREY H. ANDERSON
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Beyond the spoken and written word, the Founders wisely left it up to such legislative bodies to determine what forms of expression, if any, should be made illegal. That is the Constitution’s allocation of power in this realm. The Court’s ruling shifts power from the states to the federal government, and from the elected branches to the unelected branch, all under the guise of protecting the individual — and the Constitution itself. 

But such a ruling protects neither the individual nor the Constitution. Rather, it cheapens the former and misapplies the latter, depriving the people in the several states of the right to promote a virtuous citizenry and a decent and livable society. People who didn’t like California’s video game policy could always have fled the state, but no American can flee Justice Scalia’s opinion.  

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