Supreme Court justice second-guesses decisive vote in gaming free speech case

Back in 2011, the Supreme Court handed down a momentous decision enshrining video games as speech with full First Amendment protections, invalidating a number of attempts by states to ban sales and rentals of violent games to unaccompanied minors. Speaking at a forum hosted by Princeton University in November 2014, Supreme Court Justice Elena Kagan called Brown v. Entertainment Merchants Association the toughest case she'd ever been part of.

For all the success gaming has had in establishing its place as an art form and social force in recent years, it's worth remembering just how close the medium came to at least partially losing its most important legal victory in the US courts. Gamers would do well to remember and praise Supreme Court Justice Elena Kagan's apparent decision to vote with her interpretation of free speech law rather than her personal feelings in this landmark case.