Videogames = first amendment protection

From the Court's opinion:
"if the First Amendment is versatile enough to 'shield [the] painting of Jackson Pollack, music of Arnold Schoenberg, or jabberwocky verse of Lewis Carroll, we see no reason why the pictures, graphic design, concept art, sounds, music, stories, and narrative present in video games are not entitled to similar protection."

Edit: The opinion is very good, easily understandable, and makes some good points. I recommend you read it (it's only 6 pages or so of text)
http://www.ca8.uscourts.gov/opndir/03/06/023010P.pdf