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US Supreme Court: Video games qualify for First Amendment

redfenixredfenix Aka'd as rfixRegistered User regular
edited July 2011 in Social Entropy++
Nice.

The U.S. Supreme Court ruled in favor of the video game industry in a 7-2 vote on Monday morning, striking down a hotly-debated California video game law that sought to place government restrictions on the sale of violent video games to minors.

The long-awaited, landmark ruling sets a precedent for the government's role in the regulation of video game industry, and helps place the video game industry on equal ground with other forms of media in terms of government regulation.

The Court stated that the California law "violated the First Amendment."

"Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium," the ruling states [PDF].

This is certainly something whose time has come.
It's nice that there's legal precedent behind games as defensible artistic expression.

redfenix on
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Posts

  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited June 2011
    best part: the Court says the strict scrutiny standard applies to protection of video games. in essence, they're saying that states will have to meet a ridiculously high standard if they ever want to regulate video games because of their content, AND any such regs have to be very narrow.

    in short, SCOTUS just gave the finger to the States on stupid video game laws. sweet.

    fightinfilipino on
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  • UrielUriel Registered User regular
    edited June 2011
    Woo, time to make the most offensive video game ever!

    Naw I'm just kidding this is neat.

    Uriel on
  • CorporateLogoCorporateLogo The toilet knows how I feelRegistered User regular
    edited June 2011
    I want Jack Thompson to come back somehow

    He was always entertaining in a morbid way

    CorporateLogo on
    Do not have a cow, mortal.

    c9PXgFo.jpg
  • a5ehrena5ehren AtlantaRegistered User regular
    edited June 2011
    Uriel wrote: »
    Woo, time to make the most offensive video game ever!

    Naw I'm just kidding this is neat.

    DNF is already out, man ;-)

    a5ehren on
  • mcpmcp Registered User regular
    edited June 2011
    The image on yahoo for this article is creepy.
    picture2en.png
    That guy doesn't look like he should be around children.

    mcp on
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited June 2011
    the opinion is around 92 pages. this is gonna take a while to read.

    fightinfilipino on
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  • Speed RacerSpeed Racer Scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratch scritch scratchRegistered User regular
    edited June 2011
    Yay, an answer to a question that there was ever any reason to ask!

    Speed Racer on
  • TleilaxuTleilaxu Registered User regular
    edited June 2011
    Seven Justices of the Supreme Court deserve oral sex.

    Tleilaxu on
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  • ButtersButters A glass of some milks Registered User regular
    edited June 2011
    Sorry, Cali, but you weren't going to balance your budget by fining retailers individually anyway. The industry does a pretty decent job of self regulation already.

    Butters on
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  • Munkus BeaverMunkus Beaver You don't have to attend every argument you are invited to. Philosophy: Stoicism. Politics: Democratic SocialistRegistered User, ClubPA regular
    edited June 2011
    best part: the Court says the strict scrutiny standard applies to protection of video games. in essence, they're saying that states will have to meet a ridiculously high standard if they ever want to regulate video games because of their content, AND any such regs have to be very narrow.

    in short, SCOTUS just gave the finger to the States on stupid video game laws. sweet.

    And none of the justices were against the idea that games = art. Looking at Breyer's dissent, he's more concerned with the fact that the law appears to be narrowly defined enough and compares it to established law. Thomas I ignored because it's Thomas.

    Munkus Beaver on
    Humor can be dissected as a frog can, but dies in the process.
  • UbikUbik oh pete, that's later. maybe we'll be dead by then Registered User regular
    edited June 2011
    Scalia loves the First Amendment, Breyer hates you kids and your newfangled technowhatzits and Thomas just hates children

    Ubik on
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  • Clint EastwoodClint Eastwood My baby's in there someplace She crawled right inRegistered User regular
    edited June 2011
    Fuck video games.

    Clint Eastwood on
  • Munkus BeaverMunkus Beaver You don't have to attend every argument you are invited to. Philosophy: Stoicism. Politics: Democratic SocialistRegistered User, ClubPA regular
    edited June 2011
    Scalia is a boss.

    Munkus Beaver on
    Humor can be dissected as a frog can, but dies in the process.
  • Centipede DamascusCentipede Damascus Ho! Ho! Ho! Drink Coke!Registered User regular
    edited June 2011
    sillygoose.png

    Roger Ebert retweeted this guy and I am just stunned at the ignorance on display here

    Centipede Damascus on
  • UrielUriel Registered User regular
    edited June 2011
    Who the hell is mark morford?

    Uriel on
  • Lord DaveLord Dave Grief Causer Bitch Free ZoneRegistered User regular
    edited June 2011
    Now we need to get them to qualify for the Second Amendment

    Lord Dave on
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  • Centipede DamascusCentipede Damascus Ho! Ho! Ho! Drink Coke!Registered User regular
    edited June 2011
    Uriel wrote: »
    Who the hell is mark morford?

    http://markmorford.com/
    I’m Mark Morford, a writer and opinion columnist for the San Francisco Chronicle and SFGate, as well as a Vinyasa yoga teacher in San Francisco. It’s true.

    Centipede Damascus on
  • UrielUriel Registered User regular
    edited June 2011
    Lord Dave wrote: »
    Now we need to get them to qualify for the Second Amendment

    Games don't kill people.

    Gamers do.

    Uriel on
  • UrielUriel Registered User regular
    edited June 2011
    http://markmorford.com/
    I’m Mark Morford, a writer and opinion columnist for the San Francisco Chronicle and SFGate, as well as a Vinyasa yoga teacher in San Francisco. It’s true.
    Okay so why should anyone care what he says?

    Uriel on
  • BeastehBeasteh THAT WOULD NOT KILL DRACULARegistered User regular
    edited June 2011
    but is it art

    Beasteh on
  • Centipede DamascusCentipede Damascus Ho! Ho! Ho! Drink Coke!Registered User regular
    edited June 2011
    Because he gets paid to tell people what he thinks?

    Centipede Damascus on
  • UrielUriel Registered User regular
    edited June 2011
    Because he gets paid to tell people what he thinks?

    Sort of like the guy who gets paid to scoop up poops.

    I don't want to step in the poop, thank you poop scooper guy.

    Uriel on
  • BalefuegoBalefuego Registered User regular
    edited June 2011
    my favorite is this quote from the child psychologist who was part of the state's case during an interview he did last year.
    "This is not about Leland Yee trying to prevent any of you game developers from developing any more atrocious kinds of games. This is a free society. If you have the imagination to do something even more horrible with the technology, then God bless you. That's part of our freedom of expression here in America, but you just have to figure out when it's appropriate and when it's not appropriate. For me, as a child psychologist you ought not to be doing it for kids."

    Also the fact that the state's entire case seems to revolve entirely around Postal 2, a game no one likes and no one played.

    Balefuego on
    [SIGPIC][/SIGPIC]
  • TleilaxuTleilaxu Registered User regular
    edited June 2011
    sillygoose.png

    Roger Ebert retweeted this guy and I am just stunned at the ignorance on display here

    Roger Ebert has a long history of not getting it. He's been absorbed in linear, non-interactive forms of storytelling his entire life. When one is so invested in an industry, and a rival shows promise of bettering the way in which stories are told, the entrenched (read: old) professionals shun the new paradigm. See: Newspapers putting up pay-walls, The Video Killed The Radio Star, and everything that Scott Kurtz has ever said re: comics.

    Tleilaxu on
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  • Lord DaveLord Dave Grief Causer Bitch Free ZoneRegistered User regular
    edited June 2011
    Roger Ebert was stupid before video games were a thing, let's stop listening to him and saying his name in general

    Lord Dave on
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  • Centipede DamascusCentipede Damascus Ho! Ho! Ho! Drink Coke!Registered User regular
    edited June 2011
    I just love the irony that the MPAA and the ESRB are pretty much the same thing and yet he thinks one of them needs to be run by the government.

    Centipede Damascus on
  • BorommakotBorommakot Registered User regular
    edited June 2011
    Scalia is a boss.

    Things one doesn't hear everyday for 800, Alex.

    Borommakot on
  • ArtreusArtreus I'm a wizard And that looks fucked upRegistered User regular
    edited June 2011
    Except they can't freely sell ultraviolence to children because the industry self-regulates in a fairly effective manner.

    Artreus on
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  • CorporateLogoCorporateLogo The toilet knows how I feelRegistered User regular
    edited June 2011
    Ebert rules

    CorporateLogo on
    Do not have a cow, mortal.

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  • Centipede DamascusCentipede Damascus Ho! Ho! Ho! Drink Coke!Registered User regular
    edited June 2011
    Lord Dave wrote: »
    Roger Ebert was stupid before video games were a thing, let's stop listening to him and saying his name in general

    wait, when do you think he was stupid

    after he won a Pulitzer?

    he's not a stupid man, just someone who has some prejudices

    Centipede Damascus on
  • DichotomyDichotomy Registered User regular
    edited June 2011
    Fuck video games.

    okay

    Dichotomy on
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  • Lord DaveLord Dave Grief Causer Bitch Free ZoneRegistered User regular
    edited June 2011
    Lord Dave wrote: »
    Roger Ebert was stupid before video games were a thing, let's stop listening to him and saying his name in general

    wait, when do you think he was stupid

    after he won a Pulitzer?

    he's not a stupid man, just someone who has some prejudices

    Jay Sherman has two Pulitzers.
    Ain't mean shit.

    Lord Dave on
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  • redfenixredfenix Aka'd as rfix Registered User regular
    edited June 2011
  • ButtersButters A glass of some milks Registered User regular
    edited June 2011
    Tleilaxu wrote: »
    snip

    Roger Ebert retweeted this guy and I am just stunned at the ignorance on display here

    Roger Ebert has a long history of not getting it. He's been absorbed in linear, non-interactive forms of storytelling his entire life. When one is so invested in an industry, and a rival shows promise of bettering the way in which stories are told, the entrenched (read: old) professionals shun the new paradigm. See: Newspapers putting up pay-walls, The Video Killed The Radio Star, and everything that Scott Kurtz has ever said re: comics.

    There's nothing wrong with newspapers putting up pay-walls. Lots of sites ask you to pay for their content. The problem with most newspaper sites are a) most newspapers are shit anyway and b) many of them were stupid and at one point were offering all of their content and archives online at no charge.

    Butters on
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  • TleilaxuTleilaxu Registered User regular
    edited June 2011
    I didn't say there's anything intrinsically wrong with that behavior. Just that it seems to be the norm.

    Also "a) most newspapers are shit" is the truth!

    Tleilaxu on
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  • JoeUserJoeUser Forum Santa Registered User regular
    edited June 2011
    Video game makers cheer Supreme Court ruling
    Vince Desi, the CEO of Running with Scissors, is thrilled with the Supreme Court's ruling.

    ...

    He also defended "Postal 2" as a game that "serves up consequences for killing and is a reflection of real life."

    JoeUser on
  • MrMonroeMrMonroe passed out on the floor nowRegistered User regular
    edited June 2011
    Ubik wrote: »
    Scalia loves the First Amendment, Breyer hates you kids and your newfangled technowhatzits and Thomas just hates children

    but he got off his buttits and wrote a dissent for once at least

    MrMonroe on
  • rhylithrhylith Death Rabbits HoustonRegistered User regular
    edited June 2011
    Why does the media care so much about postal 2?

    Nobody has to worry about kids playing it because nobody bought it.

    rhylith on
  • UbikUbik oh pete, that's later. maybe we'll be dead by then Registered User regular
    edited June 2011
    wait, alito is scared of technology, not breyer

    my b

    Ubik on
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