SC is still deciding the case. Bit odd they are taking so long but maybe other cases merited more attention, or they are having a long drawn out debate over the merits and a split court.
Either way it is the law that would fine 1000 dollars per infringement, and require the store to fire said employee, but the store would be fined that 1000 bucks. Which would be very chilling in and of itself, why would walmart or target put themselves out to risk getting fines in the 1000s of dollars for a 40-60 dollar sale.
Added to the fact that the anti gamers are claiming that these games make people violent. A claim that has been struck down in every lower court as the "research" has been shoddy at best.
But still of by some odd and dumbfounded chance that the SC would uphold the law, a 1000 dollar fine plus a product that makes people do violent acts. What major chain would carry that sort of product?
Bottom line the case boils down to are game protected speech or not. And an underlying argument are games "art" like music, books, movies and poetry etc. Of late there does seem to be a movement in some quarters to recognize games as art with the smithsonian creating a video games exhibit.
Either way the ESRB was created to avoid this exact thing, a voluntary act of good faith to give retailers and parents a guideline over who should be buying what, not unlike the movie rating system, or the warnings on cds.
We need better education of parents period, exactly what the esrb means, what parental controls are built into game consoles and tvs and software for pcs that can lock kids out of playing games on them that their parents do not want them playing.
There are plenty of tools out there for people to regulate what their children are playing, people should use those tools plus the esrb ratings to restrict games from their children and not put the burden on government to decide what is decent and proper for people to purchase and play, because nothing good will come of it.