During Tuesday’s oral arguments, Justice Sotomayor pointed out what could easily be viewed as a rather large loophole in the violent video games law at the heart of Schwarzenegger v. EMA.

The law seeks to prevent children under 18 from purchasing games in which the player can “virtually inflict serious injury upon images of human beings.” But what about characters that are almost, but not quite human beings? Here’s the relevant exchange:

JUSTICE SOTOMAYOR: Would a video game that portrayed a Vulcan as opposed to a human being, being maimed and tortured, would that be covered by the act?

MR. MORAZZINI: No, it wouldn't, Your Honor, because the act is only directed towards the range of options that are able to be inflicted on a human being.

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