Vermont
How Brown v. Entertainment Merchants Association applies in Vermont: state-specific rules, key cases, and bar exam notes for Other.
Vermont generally adheres to the First Amendment protections outlined in federal law, including those established in Brown v. Entertainment Merchants Association. The state recognizes the importance of free speech and has been cautious about regulating content, particularly when it comes to expressive works.
The state rule emphasizes that any attempt to restrict video game sales based solely on content must meet strict scrutiny, requiring significant evidence that such regulation serves a compelling state interest.
The court reiterated that artistic expression is protected under the First Amendment unless wholly lacking in artistic value.
The court ruled that regulations affecting freedom of expression must be narrowly tailored and support a legitimate governmental interest.
Vermont's approach aligns closely with the federal standard as delineated in Brown v. Entertainment Merchants Association, emphasizing strict scrutiny for content-based restrictions on expression. However, Vermont courts have occasionally examined local considerations that might influence how laws are applied.
Candidates should be familiar with the First Amendment protections as articulated in both federal and Vermont law, particularly regarding expressive works and their regulation.