Video games, like movies and novels, have great potential to communicate ideas and to educate. They have the ability to inspire the human spirit and inspire introspection. For these reasons they should be recognized as an art form like any other art. This would give them freedom of speech protection under the first amendment.
As in any other art, video game makers should be able to ply their trade without the threat of public opinion hanging over them. If video games attain this status, then they will be able to go further in inspiring introspection and providing insight to the human condition. Below is a link to a game that helps to inspire introspection on a topic otherwise difficult to understand without personal experience:
http://www.necessarygames.com/my-games/loneliness/flash