	Introduction

It has been proposed that Congress prohibit the sale or rental to minors of video games that are rated "M" (mature) or "AO" (adults-only) by the Entertainment Software Ratings Board. This board is a non-governmental entity established by the Interactive Digital Software Association, and its ratings currently have no legal effect. The Board's website sets forth the criteria for its "M" and "AO" ratings:
Titles rated M (Mature) have content that may be suitable for persons ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong language. Titles rated AO (Adults Only) have content that should only be played by persons 18 years and older. Titles in this category may include prolonged scenes of intense violence and/or graphic sexual content and nudity. Conclusion

In conclusion, it appears that, for a prohibition of the sale or rental to minors of video games with violent content to be upheld, the government would have to present empirical evidence that these games harm minors or cause them to become violent. The prohibition of the sale or rental to minors of video games containing sexual content, however, would seem more likely to be upheld without empirical evidence that such games harm minors. Nevertheless, the apparent vagueness and potential overbreadth of the current criteria for "M" and "AO" ratings might cause a statutory prohibition on the sale or rental to minors of video games that incorporates those ratings to be found unconstitutional on its face, even if the sale or rental to minors of some of the video games to which the "M" or "AO" rating apply could constitutionally be prohibited by more narrowly tailored legislation.
It has been proposed that Congress prohibit the sale or rental to minors of video games that are rated "M" (mature) or "AO" (adults-only) by the Entertainment Software Ratings Board. This board is a non-governmental entity established by the Interactive Digital Software Association, and its ratings currently have no legal effect. The Board's website sets forth the criteria for its "M" and "AO" ratings:
Titles rated M (Mature) have content that may be suitable for persons ages 17 and older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong language.
Titles rated AO (Adults Only) have content that should only be played by persons 18 years and older. Titles in this category may include prolonged scenes of intense violence and/or graphic sexual content and nudity.
The Supreme Court has never ruled on the constitutionality of a statute that restricted minors' access to violent or sexually oriented video games, but the lower federal courts that have ruled on such a statute have found it unconstitutional. Based on the holdings of these courts, it appears that, for a prohibition of the sale or rental to minors of video games with violent content to be upheld, the government would have to present empirical evidence that these games harm minors or cause them to become violent. The prohibition of the sale or rental to minors of video games containing sexual content, however, would seem more likely to be upheld without empirical evidence that such games harm minors.
Nevertheless, the apparent vagueness and broad scope of the current criteria for "M" and "AO" ratings might cause a statutory prohibition on the sale or rental to minors of video games that incorporates those ratings to be found unconstitutional on its face, even if the sale or rental to minors of some of the video games to which the "M" or "AO" rating apply could constitutionally be prohibited by more narrowly tailored legislation.