Supreme EMA v. Schwarzenegger Decision Within a Week

September 28, 2009 -

The United States Supreme Court is scheduled to address an appeal of a Californian videogame law tomorrow, September 29.

Entertainment Merchants Association v. Schwarzenegger (formerly known as The Video Software Dealers Association (VSDA) v. Schwarzenegger), revolves around a Californian law that banned the sale of certain videogames to anyone under 18 years of age. First signed into law by Schwarzenegger in 2005, the law was rejected again in February of 2009 by the 9th Circuit Court of California, which upheld an earlier 2007 ruling that deemed the law unconstitutional.

Schwarzenegger and California Attorney General Jerry Brown appealed to the Supreme Court in May of this year, marking the first time a case involving the restriction of violent game sales to minors has ever been considered by the top court of the United States.

As part of the proceedings, The Supreme Court will also decide whether to accept the amicus brief filed by California State Senator Leland Yee (D) in July of 2009. In the brief, Lee, who authored the original statute at the center of the whole case, argues why the Supreme Court should approve the state of California’s petition for a full hearing. He was supported in the brief by the California Psychiatric and California Psychological Associations.

The Supreme Court’s decision could take a few days or more. A final decision should be made public by next Monday, October 5.

Update: Just to clarify, The Supreme Court did consider a similar topic when ruling on American Amusement Machine Association et al. v Kendrick et al. in 2001, when it denied the City of Indianapolis' petition for certiorari. That case centered on an attempt by the city to limit the display and operation of currency-based machines deemed harmful to minors.


Comments

Re:Supreme EMA v. Schwarzenegger Decision Within a Week;Update 1

http://www.scotusblog.com/wp/todays-orders-40/#more-11301

10 cases granted cert so far, and California's appeal is not among those.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Actually, it's out of Yee's hands. This one's on Arnold and Brown.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I have a feeling this won't get heard by the Supreme Court. And rightly so. It's already been struck down twice, but I guess Yee really feels the need for a hat trick until he shuts up. 

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

IIRC this bill was to ban ANYONE under 18 from violent video games even though the ESRB says the recommended age is 17 and up. They made all M games AO rated.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I meant stupid ban and censor the video game bills. :P 

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

But this Bill isn't about an outright ban or censorship, is it? It's about backing up the ESRB ratings with the force of law.

I can't get my head round why it';s such a big issue for you... well, unless you're under 17, I suppose.

-- teh moominz --

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Well some of us over 18 do believe minors esspecially older minors like teenagers deserve full Free Speech rights. The nanny-state should have no more right to decide what they can or can't watch, play, read or listen to then adults. They should have the ability to form their own viewpoints based on unrestricted and uncensored access to media that have the capability of presenting ideas, information, messages and opinions.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

A private, voluntary, rating, getting enforced by law? Sounds real bad. Besides, these ratings are ADVISORY, not mandatory. Big difference.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

My guess is that Stickboy is probably European like myself, most if not all rating bodies in this part of the world have the force of law behind them and for the most part it works out fine, though here in the UK Carmageddon and Manhunt 2 were banned for a while. Of course the Germans are a bit stricter and the Aussies are pretty much boned as far as getting any of the top FPS games out there uncut.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

So does that mean that people will keep making stupid bills now?

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

People will always make stupid bills whenever they feel like they don't like something so it should be irradicated.

I want a bill to stop having restraunts naturally put tomatoes on hamburgers, personally. They are slimey, fall off the burger, and negatively affect the taste. They should be a custom order addition instead of being part of the main sandwhich build.

"

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

That's how I feel about pickles.

Although, they're fine on the side.

------- Morality has always been in decline. As you get older, you notice it. When you were younger, you enjoyed it.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I kinda hope the Supreme Court does decide to hear the case, though it'd suck for Cali. Also if whenever this does get struck down I hope you use a MK Fatality screenshot to accompany the story. :D

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I looked at the petitions to watch part 5 on SCOTUSBlog No word of EMA v. Schwarzenegger in all 5 parts of petitions to watch so it has no chance of being granted

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

While it looks like it gonna be rejected the Supreme court should atlease say that this bill is unconstitutional so we would have to deal with another bill like it.

http://www.magicinkgaming.com/

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

You know, I was wondering what this story had to do with an old Genesis Basketball game... Then I got it... You are a sneaky one, Pete...

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Still pisses me off that he made the appeal when the state was several billion dollars in the fucking hole. Right around the time when he went to Obama and asked "can i has moar monies"?

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Actually this is the second time the issue has gone to the Supreme Court. In 2001 an Indianapolis city arcade anti-gaming bylaw that was stuck down by 7th circuit court with a wonderfully worded opinion by Judge Posner was appealed to the Supreme Court and SCOTUS denied it. The case was AAMA v. Kendrick and it was the first anti-gaming law that was struck down by the courts.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Right, because what California's economy needs right now is more legal fees. 

Gubernatorial recall election, anyone?

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Gubernatorial recall election, anyone?

I wouldn't recommend it. That last one was a five ring circus that landed you with Schwarzenegger. Another would pretty much be tempting fate.

-Gray17

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I love how Mr. Yee had said years ago that he would not pursue any further anti-speech legislation after it was defeated.  Like a typical politician, he lied about that.

I think we need a non-profit fundraiser to raise money to buy a copy of the Bill of Rights and have them delivered personally to every politician in Congress...

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

It's looking more and more likely that SCOTUS will not hear the appeal.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

 FINISH THEM Supreme Court. ;)

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

You forgot to mention the Eagle Forum also filed an amicus brief.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.
 
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Matthew WilsonDanny and Andy play the first couple of levels of the upcoming Hatred http://www.gamespot.com/videos/hatred-gamespot-plays/2300-6425016/ imho it does not look like it should be AO.05/28/2015 - 5:57pm
Andrew EisenHey, remember Kung Fury? That short film that was funded via Kickstarter a few years ago? You can watch it now. I suggest you do. It's fun! https://www.youtube.com/watch?v=bS5P_LAqiVg05/28/2015 - 5:14pm
Goth_SkunkOriginally, yes. Some content was cut out in order to reduce its ratign from AO down to M, but PC users could work around that an unlock the full content by means of a patch. Which is what I did. :D05/28/2015 - 3:56pm
Andrew EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
WonderkarpDidnt Fahrenheit have an AO?05/28/2015 - 3:52pm
Matthew Wilson@AE that is why I said it seems more moral panic to me.05/28/2015 - 3:51pm
Andrew EisenMatthew - From what I've seen (just the trailers) the game is nowhere near as gory as many, many other games. But again, I'm guessing the AO rating comes from theme and tone rather than outright gore.05/28/2015 - 3:50pm
Andrew EisenKarp - It didn't show penetration or nudity.05/28/2015 - 3:50pm
WonderkarpI'd say Mortal Kombat X has more Gore and Violence than Hatred.05/28/2015 - 3:50pm
Matthew Wilsonwhat I mean by worse in this case its not more gory/violent than others.05/28/2015 - 3:48pm
WonderkarpI forget....did Hot Coffee actually show Penetration?05/28/2015 - 3:48pm
Andrew EisenKarp - The Skyrim mods are external mods. The Hot Coffee mod unlocked content on the disc. Big difference. Still, the content that was unlocked was still perfectly in line with an M rating in my opinion.05/28/2015 - 3:47pm
Andrew EisenThemes are factored into ratings, not just mechanics. Still waiting for ESRB's rating summary. Very curious to see what it has to say.05/28/2015 - 3:46pm
Matthew WilsonHatred is a top down shooter though, and isnt any worse than other top down shooters?05/28/2015 - 3:45pm
Wonderkarpyeah, San Andreases rerating was ridiculous. Why not rerate Skyrim with all its crazy sex mods out there? But yeah, ESRB is good as policing itself. 05/28/2015 - 3:45pm
Andrew EisenManhunt 2 and Hatred though? Eh, there's an argument to be made for the higher rating.05/28/2015 - 3:43pm
Andrew EisenRerating San Andreas was a mistake though. That seemed to be the result of kowtowing to public pressure.05/28/2015 - 3:42pm
Andrew EisenThere wasn't one. It's just a dumb rating.05/28/2015 - 3:42pm
WonderkarpI dont see Moral Panic with a racing game though05/28/2015 - 3:40pm
 

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