[game_edu] Support Free Speech and Protect Video Games

[Ian Schreiber]

My assumption was that a petition would only be relevant in the case that an 
argument about offending the prevalent morality at the time, as with obscenity 
statutes. If that comes up, I would think that some kind of evidence that the 
American public does not find certain things indecent might be useful fodder, 
no? Not that I'm a lawyer or anything.

- Ian




________________________________
From: Dan Rosenthal <swatjester at gmail.com>
To: IGDA Game Education Listserv <game_edu at igda.org>
Sent: Mon, July 12, 2010 3:57:04 PM
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

>

>

>

>

>

>

>

>_______________________________________________

>game_edu mailing list

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>http://seven.pairlist.net/mailman/listinfo/game_edu

>




      
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