@ SwishiestB0g Not art, free speech. If games are free speech, it's constitutionally protected and access to it can't be limited by legal mandate. I don't think that's the topic of the current case. As stated above, it's whether or not retailers can be criminally charged for selling violent games to minors (right now ESRB is locally enforced by the stores themselves, not law).
@Spartan448 Art is not imagery or its adherence to realism, it is the subjective capacity of a piece to provoke an emotional experience on the part of the viewer/player through a chosen medium (the broadest definition I can think of). You sure do come away from Reach and Brotherhood feeling "wow, that was impressive and fun" but no one (that I know of) cried at the heroic death scene of Unnamed Spartan X at the end. Everyone remember how they felt when the end credits rolled in Half-Life 2: Episode 2? I sure do. How about the ways Eternal Darkness or Silent Hill would go out of their way to interact with you as a player and disturb you on a deep emotional level? I'd also concur with Limbo because it's almost like interactive poetry.