Taleroth: The constitutional aspect is identical to the freedom of expression aspect. They're
the same thing. You might as well consider the two to be synonyms. If I say constitutional, replace with "freedom of expression." Nothing has changed.
The statement you're focusing on is, itself, somewhat silly for its own direct response. Because it's overly narrow. Who bleeding cares about just Rockstar North? We've seen several games edited or outright denied sale in the UK. There have been clear limits on expression in the UK in this regard.
But beyond that, the fact that it's already occurring in the UK makes it literally impossible to separate expression with and without. We don't know what games would be like without that consideration. Or without the current US self-censorship (and Wal-Mart bans).
I understand completely, you just seem to be stuck on the minutia. You speak of the Rockstar statement as being "too narrow" have you ever heard of discussing a hypothetical example? That's all this is, a discussion of an example. If you want to talk about "too narrow" let's discuss the fact that we are talking about the CONCEPT of freedom of expression, not the legal definition of freedom of expression as set forth in the Constitution, yet you seem to feel they are indistinguishable. Now THAT is too narrow. The idea of freedom of expression existed long before the Constitution did, it will always exist, with or without the legal definition provided in the Constitution.
Of course we know what games would be like with a law like this, we've already seen similar things happen in the past with books, music and movies. For example, under the current self-imposed ratings system, we have an"AO" rating for "Adults Only"; a rating that is roughly equivalent to the old "X" rating on movies. What used to happen when a movie got an "X" rating? Reputable movie theaters wouldn't show it, video shops wouldn't sell or rent it. They had to create the whole "NC-17" rating just to get around the stigma associated with "X" rating and give legitimate (i.e. non-porn) movies that receive that rating a chance. The same thing would happen to video games slapped with whatever additional rating this California law would have created. Retailers would simply stop carrying games with that rating, like most of them already do with "AO" rated games. Why risk the $1000 fine?