The U.S. Supreme Court has ruled that an attempt by California, the sale of violent games to children was unconstitutional ban. We consider the factors involved and why this isn 'ta clear victory for free speech

On Monday, something happens, Arnold Schwarzenegger, that he rarely experienced in his films. He lost. In 2005 while still governor of California, the star of the Predator and Terminator Co signed a bill that would ban the sale of violent video games to minors in the state.

The game industry, by the Entertainment Merchants Association opposed, and on Monday, the U.S. Supreme Court ruled that this law was a violation of the First Amendment. After the decision, Justice Antonin Scalia said: "Even if the object of protecting children, subject to the constitutional limits of state action".

Of course, the decision with barely contained enthusiasm of the games industry welcomes. The Entertainment Consumers Association said it was "enthusiastic," said the Entertainment Software Association, it "a landmark decision" and Electronic Arts CEO John Riccitiello said game site Politics:

Everyone wins in this decision - the Court upheld the constitutional rights of game developers, adults reserve the right to decide what 's appropriate, in their homes, and shop owners can sell games without fear of prosecution.

"If the ban was enforced, the increasingly popular 'freemium' business model for game publishers would have been jeopardised. For this business model to work, players need to be able to access a sample of content without going through a restrictive age-verification process, and without having to provide credit card details up front (unless children know their parents' credit card details, this requirement might also otherwise prevent access by children to inappropriate content)."

The one certainty is that, although this ruling is an important milestone for the games industry in the US, it's unlikely to shut the door on future legislative efforts. It also raises important and uncomfortable questions about the whole concept of free speech in the digital era. This is a victory for the games industry, but its consequences and meanings remain uncertain.