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SCOTUS Strikes Down CA Violent Game Law Appeal

The United States Supreme Court has ruled against the state of California in Brown v. Entertainment Merchants Association, No. 08-1448, the appeal previously known as Schwarzenegger v. Entertainment Merchants Association. The New York Times (thanks Neutronbeam) reports the court ruled 7-2 that this law violated the First Amendment of the Constitution, with Justices Thomas and Beyer the dissenting votes. This was California State Senator Leland Yee's latest attempt to pass a bill restricting the sale of violent games to minors, which had already been struck down not once, but twice. Here's word on the decision:

Justice Antonin Scalia, writing for five justices in the majority in the video games decision, Brown v. Entertainment Merchants Association, No. 08-1448, said the court refused to create a new category of speech beyond the protection of the First Amendment. Depictions of violence, he said, have never been subject to government regulation.

The fact that the law tried to protect children, Justice Scalia added, did not alter the analysis. Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined the majority opinion.

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23 Replies. 2 pages. Viewing page 1.
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23. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 18:55 Riker
 
It's pretty shocking and disgusting that 2 of the 9 judges either fail to understand the First Amendment of the Constitution, or don't give a fuck. That's unforgivable. Here's hoping their hourglasses have little sand remaining.  
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22. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 18:45 Prez
 
nin wrote on Jun 27, 2011, 13:37:
To celebrate, I'm gonna see how many people I can run over in GTA4 tonight.


This made me LOL at work, at a time when I was supposed to be working. Thanks for jeopardizing my professional career, nin!
 
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21. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 16:50 Mashiki Amiketo
 
Prez wrote on Jun 27, 2011, 12:40:
To be fair, they aren't trying to ban violent video games, They want to impose a fine on retailers who knowingly sell Mature-rated games to minors.
That's kinda like banning porn. Sure they can ban porn, but even before the age of computers or trading via floppies, kids would go to the library. I mean seriously now.

It obviously is the governments job to police your children. That's been the motto ever since clinton and his vchip.
 
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there is a neat, simple solution;
and it is always wrong."
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20. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 16:45 Silicon Avatar
 
California has gotten awfully nanny-state lately.
 
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19. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 16:19 Dev
 
jacobvandy wrote on Jun 27, 2011, 15:40:
California is really not as liberal as most people think... Barring metropolitan hot spots like Los Angeles, San Francisco, etc., the majority are definitely religious/conservative types. The reason New York would be more likely to succeed in passing liberal legislation is that their major metropolis is practically half of that state's population, where LA and SF are not even 1/3 of CA's.
Thats not correct. Majority of landmass perhaps, definitely not population. Wasn't it Reagan the last time california went for a republican presidential candidate? Plus, the majority of california senate/assembly are democrats (almost 2/3rds of each house).

Population is 37 million
http://en.wikipedia.org/wiki/California
about 18 million of that is in/around LA. Over 7 million in/around SF. 3 million in/around Sacramento. That's already the majority of CA population in those three areas.
About 45% of registered voters in CA are Dems, 30% Reps.
If you watch the kinds of state-wide voter initiatives passed, most of them reflect this statistic. If a CA statewide initiative passes that you think reflects a conservative leaning, it has to pass WITH support of a large chunk of democrats in CA or else it just doesn't pass.

This comment was edited on Jun 27, 2011, 16:26.
 
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18. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 15:59 FloorPie
 
killer_roach wrote on Jun 27, 2011, 12:57:
The interesting thing was how much this decision threw out the usual ideological bent of the court... the dissents came from one of the court's staunch conservatives (Thomas) and one of the court's staunch liberals (Breyer), and liberals and conservatives of all stripes formed the majority. Quite heartening.

Thomas boggles the mind at time. He's such a tease. I'd expect Scalia to support the ban not Thomas.
 
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17. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 15:40 jacobvandy
 
California is really not as liberal as most people think... Barring metropolitan hot spots like Los Angeles, San Francisco, etc., the majority are definitely religious/conservative types. The reason New York would be more likely to succeed in passing liberal legislation is that their major metropolis is practically half of that state's population, where LA and SF are not even 1/3 of CA's.  
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16. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 15:23 Dev
 
About time. What a waste of money. This kinda law has gotten nowhere pretty much everytime and everywhere its tried, but politicians KEEP trying because ZOMG ITS FOR THE CHILDREN. Glad that the supreme court finally weighed in on it, maybe, just maybe, it will help keep some of these types of things down.

Then again maybe not, from TFA:

Leland Yee [...] was reading the dissents in hope of finding a way to reintroduce the law in a way it would be constitutional.

Yeah, california has SOO much money we can waste it on stuff like this.
Fion wrote on Jun 27, 2011, 15:08:
Frankly it surprised me as well that such a democratic state was the one that brought this to the supreme court. After all, the 1st and 2nd amendments of the constitution were considered 'extremely' liberal in their day.

Then again, how democratic are they when NY legalized gay marriage before them, and will probably legalize pot before they do as well lol. Makes me proud to be a NY'er!
Pot is essentially ok in CA from what I understand, just have to get a doctor to sign off on it.

Leland Yee is a democrat.

Our current administration is pretty liberal, yet they have added tons of **IA lawyers/reps to high ranking positions and have taken steps to try and control various internet issues. Plus they've continued things like patriot act. Don't think the party affiliation matters all that much when it comes to recent assaults on freedoms and rights.

This comment was edited on Jun 27, 2011, 15:30.
 
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15. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 15:08 Fion
 
TangledThorns wrote on Jun 27, 2011, 12:28:
Liberal California, such a nanny state. California, Y U NO LIKE 1st and 2nd Amendments?!?

Frankly it surprised me as well that such a democratic state was the one that brought this to the supreme court. After all, the 1st and 2nd amendments of the constitution were considered 'extremely' liberal in their day.

Then again, how democratic are they when NY legalized gay marriage before them, and will probably legalize pot before they do as well lol. Makes me proud to be a NY'er!
 
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14. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 15:04 mag
 
killer_roach wrote on Jun 27, 2011, 12:57:
The interesting thing was how much this decision threw out the usual ideological bent of the court... the dissents came from one of the court's staunch conservatives (Thomas) and one of the court's staunch liberals (Breyer), and liberals and conservatives of all stripes formed the majority. Quite heartening.

This court's raison d'etre is the protection of corporate interests. It is not a surprise.

Rulings favor parties in this order: Corporations, state governments, federal government, individuals. Sometimes state and federal governments get switched, and in certain sorts of cases (firearms, and similar) individuals will trump governments.
 
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13. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 15:03 Fion
 
Jerykk wrote on Jun 27, 2011, 12:19:
I wonder if politicians will ever give up trying to ban violent games.

Yes, the next art form that comes out that young people enjoy. What ever it will be it will take mantle as the reason why peoples children and teens act out.

After all, videogames is just the latest scapegoat. It was rap before, metal before that, rock before that, television before that.


Edit: On topic, YES! 7 - 2 is more than I expected. It gave me a little faith in our supreme court. Not much, but a little.
 
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12. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 15:01 Creston
 
nin wrote on Jun 27, 2011, 13:45:
You know, that's an achievement I've not got yet...hmmm.

But they like to jump out of the way at the last second, which is really annoying.

I've even run over a few and they get right back up...its not like in GTA, where one will grab the door handle and I drag them for a quarter mile.

Yeah, you can't really mow down peasan... pedestrians in this game as easy. You can still powerslide through a crowd of them like a mofo.

The easiest way to do it is to jump your car off one of the cliffs and listen to your partner squeal.

Creston

This comment was edited on Jun 27, 2011, 16:09.
 
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11. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 14:48 gilly775
 
Cutter wrote on Jun 27, 2011, 14:18:
Good judgement. This is a parental issue, not a state one.

Exactly. I was going to say the same thing.
 
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10. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 14:18 Cutter
 
Good judgement. This is a parental issue, not a state one.
 
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"The South will boogie again!" - Disco Stu
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9. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 13:45 nin
 
You know, that's an achievement I've not got yet...hmmm.

But they like to jump out of the way at the last second, which is really annoying.

I've even run over a few and they get right back up...its not like in GTA, where one will grab the door handle and I drag them for a quarter mile.
 
http://www.nin.com/pub/tension/
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8. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 13:43 Creston
 
Try to get 50K in fines in an LA Noire case. That's fun too.

Creston
 
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7. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 13:37 nin
 

To celebrate, I'm gonna see how many people I can run over in GTA4 tonight.

 
http://www.nin.com/pub/tension/
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6. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 13:29 Jim
 
I guess there's still some sanity in the Supreme Court after all.  
Jim
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5. Re: SCOTUS Strikes Down CA Violent Game Law Appeal Jun 27, 2011, 13:28 Creston
 
Okay, so now that the SCOTUS has finally ruled on it, can we PLEASE stop wasting taxpayer money on all these horseshit Bills?

Edit

Also, this justice:
Soon, he added, children may play three-dimensional high-definition games wearing special equipment that will allow them to “actually fell the splatting blood from a blown-off head.”

Needs to start making videogames ASAP!

Creston
 
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4. Re: SCOTUS Strike Down CA Violent Game Law Appeal Jun 27, 2011, 12:57 killer_roach
 
The interesting thing was how much this decision threw out the usual ideological bent of the court... the dissents came from one of the court's staunch conservatives (Thomas) and one of the court's staunch liberals (Breyer), and liberals and conservatives of all stripes formed the majority. Quite heartening.  
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23 Replies. 2 pages. Viewing page 1.
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