Samuel Keller v. Electronic Arts Inc.

OPINION

BYBEE, Circuit Judge:

Video games are entitled to the full protections of the First Amendment, because *1271“[l]ike the protected books, plays, and movies that preceded them, video games communicate ideas: — and even social messages — through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world).” Brown v. Entm’t Merchs. Ass’n, — U.S. -, 131 S.Ct. 2729, 2733, 180 L.Ed.2d 708 (2011).1 Such rights are not absolute, and states may recognize the right of publicity to…