minros can access them.w the point that california's law is not an ordinance that is directed to the plot of the game. it is directed to games with essentially no plot, no artistic value. this is the nature of the third prong of the miller standard. it goes after the nature of the game where the child -- >> if it has a plot, it has artisan value of is that test? >> that is one factor to be considered, justice scalia. >> you are not telling us that as long as it has a plot is this ok? >> this court has held in a case that a single quotation from voltaire was not want to make that work non of scene. >> we cannot have artistic videos involving mamiming? >> if the level of the violence causes the game to lack -- it is a balance, as it is the sexual material. that is why violence and sex -- >> artistic for home, a five- year-old? moral combat prohibited by the statute? >> i believe it is a candidate, but i have not been exposed to it to judge for it by myself. >> meaning a reasonable jury could find mortal combat