The Ninth Circuit heard arguments a couple of weeks ago in the latest case to challenge restrictions on the purchase of violent video games. California makes the same arguement that has been unsuccessful everywhere else — that Ginsberg v. New York’s “variable obscenity” doctrine can be applied to violence as well as sexual content. The problem with that argument is there’s no underlying level of violence that is obscene (and unprotected) for everyone.
You can listen to the oral arguments here.