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Unpublished Paper
"Step Into the Game": Assessing the Interactive Nature of Virtual Reality Video Games Through the Context of "Terroristic Speech"
ExpressO (2014)
  • Robert Hupf, Jr
Abstract
This article will begin the discussion on video gaming’s next interactive jump – total VR immersion – and examine whether the interactivity of VR changes the ordinary First Amendment analysis . . . . Yet, even with the “terroristic speech” component, involving everything from instructions on bomb-making to anti-American “terrorist” recruitment messaging, the Court should affirm the speech-protective logic of Justice Learned Hand and Justice Brandeis and hold that the First Amendment protects the freedom of video game developers in making VR video games with problematic content. The video game medium and its depictions have already been recognized as “speech” in Brown, fall into a category of “unintentional incitement” cases that ultimately fail Brandenburg, lack the requisite intent, knowledge, or connection to actual crimes required by the doctrine of criminal instruction, and are ultimately beyond the reach of Holder, even if justified by national security, due to a lack of knowledge of who plays video games, the underinclusive nature of targeting any sole video game / genre of video games in light of other mediums, and the overinclusive means chosen of banning the sale of a video game / genre of video games when less restrictive means are available.
Publication Date
July 22, 2014
Citation Information
Robert Hupf. ""Step Into the Game": Assessing the Interactive Nature of Virtual Reality Video Games Through the Context of "Terroristic Speech"" ExpressO (2014)
Available at: http://works.bepress.com/robert_hupf/3/