[game_edu] Support Free Speech and Protect Video Games

[Ricardo Rademacher]

As Susan points out, the Supreme Court is the "Boss" in the game of Legal
Wrangling and we need to put all our skills learned in the other levels
(like the Leland level, the Thompson level (that one was tough), the State
vs. levels, etc) in order to win.

 

Point is if a petition isn't the way to action, then what is, how do we do
it, and when do we start!

 

If our trust "Sword of Petition +1000" won't cut it, then what do we need?

 

Less words; more action!

Or

Less words; more video games!

 

Sincerely,

Ricardo Rademacher, PhD

Futur-E-Scape, LLC founder

http://www.TheVniversity.com

 

From: game_edu-bounces at igda.org [mailto:game_edu-bounces at igda.org] On Behalf
Of Dan Rosenthal
Sent: Monday, July 12, 2010 3:57 PM
To: IGDA Game Education Listserv
Subject: Re: [game_edu] Support Free Speech and Protect Video Games

 

To be fair, there's a couple of things about this case.

 

a) the prevailing view among legal scholars I've discussed this with (and
one that I agree on as well), is that the Supreme Court accepted the case in
order to put to rest these kinds of cases nationwide (rather than limiting
it just to the 9th Circuit) and is likely to rule in favor of the EMA.  The
court recently held 8-1 in United States v. Stevens that restrictions on
graphic depictions of animal cruelty were unconstitutional violations of the
First Amendment (and the dissent was on technical grounds); the court is
likely to continue to extend that same view to the EMA case. 

 

b) the petition, while an interesting exercise, is not likely to have any
legal effect on the court's decision, as they are ruling based on
constitutional interpretation, not public opinion. I believe that several
industry groups are preparing amicus briefs, including IGDA. These are the
ones that will be very important to support.

 

c) the court may decide to rule narrowly in their decision. They could
restrict their opinion only to discussing sales to minors; or they could go
as broad as to categorically protect all game sales. It's really up in the
air as to how important the decision will be in the long run.

 

By the way, if anyone is going to be attending PAX this September, I have a
panel on legal issues that will be discussing the case in significantly more
detail (but aimed at laypersons, not lawyers). Feel free to email me offlist
for more information.

 

-Dan

 

 

 

On Jul 12, 2010, at 2:39 PM, Susan Gold wrote:





Although this is only open to American gamers, I thought it might be a good
idea to distribute as widely as possible. Apologies to those that cannot
sign.

 

For nearly two decades, elected officials have tried to regulate which video
games you can buy, rent and play. Every single time they've passed a law,
the federal courts have struck it down as unconstitutional. But this may
change this fall.

 

It only takes a few seconds to speak out,
http://action.theeca.com/p/dia/action/public/?action_KEY=1781.

 

The Supreme Court of the United States has agreed to hear the State of
California's infamous 'violent video game case,' Schwarzenegger v. EMA. That
means that this year, or early next, the Court is going to decide whether to
agree with the lower federal courts or not. Agreeing would mean that they
believe that video games are, and should continue to be, First Amendment
protected speech; just like books, movies and music. The court disagreeing
would mean that they think video games should be treated differently. This
could lead to new bills and laws curtailing video game access in states
across the country.

 

Join others in signing The Gamer Petition,
http://action.theeca.com/p/dia/action/public/?action_KEY=1781.

 

It is no exaggeration to state that their hearing represents the single most
important moment for gamers, and the pivotal issue for gaming, in the
sector's history.

 

 

Susan

-- 
Susan Gold

In a completely sane world, madness is the only freedom!
- J. G. Ballard

 

 

 

 

 

 

 

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