ok, Prometheus' post has convinced me to tell you my thoughts.
I think you'd be absolutely ignorant to claim that ANYTHING you read, watch, listen to, or play has no effect on you. of course it does. If not, than it's not communication. If it's not communication, then there's a VERY good argument that it's not protected by free speech. In which case, any town with a population of 5 yokels and a sheep can pass a law calling it illegal and yes, you'd go to jail for playing it in their town.
HOwever, yes, it IS speech and communication, and therefore protected by the Constitution. For that reason, I hope the suit fails. On the other hand, I agree with prometheus, I don't care about the game play, it's a sick sick game that glorifies really disturbing behavior and convinces you it's fun. I would like to see less of that too. I dont' worry that much about violence, but I like to have at least a cover story that the violence is justified and not just for kicks or money.
yes, I'm sure that "Helter Skelter" agitated Charles Manson, I'm sure that GTA3 agitated some teenagers. I'm sure that lots of movies and songs and games have influenced people into decisions that were anti-social (such as Mein Kampf). Media DOES have that influence. This is WHY communication is protected explicitly in the U.S. Constitution: not because it's harmless and ineffective, but because it influences and alters. Games like GTA3 (and granted, I've not played it, but I've never had anyone even try to argue that it has some other ultimate point) are simply making it look like fun to commit violent crimes. what other influence could such a communication have than to encourage you to do such a thing?
Now, two more things before I get flamed.
1) I still side on the free speech of this issue. Even though a victory for the game will encourage other disgusting games, I think restricting the Constitutional right in this case will cause much more harm than good.
2) Remember the monocausationalism discussion? Just as it is foolish to think that GTA3 had nothing to do with changing the mood or ideas of the kids who play it, it's equally foolish to say that the game is the only thing responsible for such behavior. It clearly isn't. There are hundreds of other factors, and at least dozens that are as equally influential as their electronic entertainment. the media and the "law experts" need to stop trying to find quick and easy solutions for societal ills or they're just going to magnify them.