Critics say the APA relied on a flawed methodology and that it is just more evidence that the video game industry is being unfairly singled out. Maybe that's true, but it also ignores the unease most middle-of-the-road types feel about the horrid content found in some of the games marketed by the industry.
You can hide behind the protections offered by the Constitution--which is every American's right--and maybe a smart lawyer will win the case. That still doesn't explain why the common denominator of quality has to begin in the gutter--and work down from there. Not that it's lurid but that it's simply lousy.