As stated in the latest episode of Extra Credits, Miller's Test states that a form of speech can be considered obscene if it doesn't have Artistic, Political, Literary, or Scientific values.
Any lawyer can walk into a Gamestop and buy one of the following games to demonstrate how video games can contain this kind of material.
Art value: Here, we have "The Path", which isn't so much a game as it is an art project; laden with heavy amounts of symbolism. Then there's "Okami", which looks like a giant Japanese painting. Finally, for a third option, the lawyer could pull out a copy of Mario Paint ((JK)).
Literary value: Wasn't it Yahtzee who told us Dragon Age: Origins had about 9 novels worth of well-written text((Okay, he didn't say well written, but I think it's on par with a decent fantasy novel))? You could also say Elder Scrolls: Oblivion had literary value because it actually had books in it that you could read?
Political value: Google search, "Conflict: Middle East Political Simulator".
Scientific value: Science Papa for the Wii? I don't think there are actually any video games out there with a scientific value, but who cares. We have 3/4 categories there with great games representing each one, I honestly don't think the government will be able to touch this medium.
Any lawyer can walk into a Gamestop and buy one of the following games to demonstrate how video games can contain this kind of material.
Art value: Here, we have "The Path", which isn't so much a game as it is an art project; laden with heavy amounts of symbolism. Then there's "Okami", which looks like a giant Japanese painting. Finally, for a third option, the lawyer could pull out a copy of Mario Paint ((JK)).
Literary value: Wasn't it Yahtzee who told us Dragon Age: Origins had about 9 novels worth of well-written text((Okay, he didn't say well written, but I think it's on par with a decent fantasy novel))? You could also say Elder Scrolls: Oblivion had literary value because it actually had books in it that you could read?
Political value: Google search, "Conflict: Middle East Political Simulator".
Scientific value: Science Papa for the Wii? I don't think there are actually any video games out there with a scientific value, but who cares. We have 3/4 categories there with great games representing each one, I honestly don't think the government will be able to touch this medium.