The video game industry is readying itself for a battle over free speech to take place, tomorrow, November 2, when the Supreme Court will hear oral arguments in Schwarzenegger v. Entertainment Merchants Association. The case examines the constitutionality of a California law banning the sale of violent video games to minors.

Earl Mellott, a Boston-based partner in the law firm Foley Hoag, and member of the firm’s Video Games and Interactive Media practice, has been and will continue to monitor the case closely. The firm fears that such a ban could have a chilling effect on the video game industry.

“Legalization of such a ban would have unintended consequences to the growing video game industry and its evolving online economy and give birth to a costly enforcement regime,” said Mr. Mellott. “There are less restrictive means of protecting minors from violent content in video games.”

He notes that the industry is currently self-regulated by the Entertainment Software Rating Board, which was established by the nonprofit trade association Entertainment Software Association, a respondent in the case, and that the industry has already been doing an effective job at policing itself.