Caswell v. Licensing Commission for Brockton

Under Massachusetts General Law chapter 140, § 177A, municipal licensing authorities could grant licenses for the operation of automatic amusement devices, including coin-operated video games. In 1981, Frank Caswell (plaintiff) sought to open a video-game arcade in Brockton, Massachusetts. Caswell applied to the Licensing Commission for Brockton (the commission) (defendant) for licenses for 75 coin-operated video games. Caswell indicated that his proposed arcade would enforce rules prohibiting smoking, eating, drinking, loitering, and admitting school-age children during school hours. Caswell proposed to have four people on duty at the center at all times to enforce the rules and control crowds. Several Brockton residents, business owners, and officials opposed Caswell’s license application. The objectors expressed concerns that the proposed arcade would negatively impact high-school attendance and encourage youth to congregate in the area of the arcade. The objectors were also worried that arcade patrons who parked at a nearby shopping mall would need to cross a dangerous street to access the arcade. The commission ultimately denied Brockton’s license application, concluding that the arcade was not in Brockton’s best interests due to the proximity of the shopping mall and potential public-safety problems. Caswell brought an action against the commission for declaratory relief, seeking review of the commission’s denial of the license application. The trial court granted the commission’s motion for summary judgment, and Caswell appealed. On appeal, Caswell asserted that § 177A was unconstitutionally vague and violated the First Amendment rights to free expression and free association. In considering Caswell’s appeal, the Massachusetts Supreme Judicial Court analyzed, among other things, whether video games are a form of constitutionally protected expression.