NYRA Preparing Amicus Brief for Schwarzenegger Case

August 16, 2010

The National Youth Rights Association (NYRA) is not pleased about the possibility of the Supreme Court ruling in favor of the California side of the Schwarzenegger v. EMA appeal and is asking for assistance from the gaming community as it prepares an Amicus Brief for submission to the Court.

In a blog post, the NYRA theorizes that no Supreme Court member has ever played a game, nor, (most likely) have the lawyers arguing for either side. As a “defender of the rights of youth,” and “as gamers,” the NYRA stated that “we need to make it clear that video games are more than random violence and that no one should be denied access to them.”

Here is what the organization is looking for:

We need your testimonies about their social, artistic, and political value to help the justices understand just what they would be taking away if they let this law stand.

Political speech is treated differently than non-political speech. The more examples we can provide of games, especially violent ones, having some kind of political content the better. If we collect enough testimony to convince the court that video games have political value, their distribution will be protected under the First Amendment.


Appropriate comments can be posted to the NYRA blog.


Via TechDirt

Comments

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

If movies are protected speech then games have to be protected speech. Let us be honest here, not all games are works of art, not all games contain political speech, but enough are and enough do to consider the medium protected speech I believe. We'll see what the court rules, but so far things don't look good for California's asine governemnt. I say this as a resident of CA.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

What is or isn't art is in the eye of the beholder. It is all subjective. What I consider trash you may consider treasure and vise versa. Some may consider 2 girls 1 cup to be a work of art containing merit with it's ability to disgust and display human depravity and others may consider that something like the Holy Bible is worthless. Hence the reason i believe Obsenity laws are nothing more then a load of crap. Your main point is right on though, if movies are considered Free Speech then so should video games.

 "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: NYRA Preparing Amicus Brief for Schwarzenegger Case

BioShock's got a political bent, off the top of my head.

Mass Effect has moments that are steeped in politics too, particularly the end of the first game where you choose between putting a (likable) military man or a (conniving) career politician on the Galactic Council.

The Final Fantasy games tend toward an environmentalist message.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

They all have artistic value.  They're protected.  Case closed.

 

Andrew Eisen

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

That's a great legal argument, basically amounting to "I don't have to prove my point your honor, they just are". Kind of the tactic the California Prop 8 defense team used.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

You seem to have overlooked my first sentence.

 

Andrew Eisen

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

Not at all.  You make a statement, don't bother to back it up, and treat it as self-evident.  Which may get you some support from the choir you're preaching to, but it's hardly a persuasive legal argument.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

You also seem to have overlooked my first sentence.

 

Andrew Eisen

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

No they didn't. Your first statement has no proof. You simply claim they are all artistic. Roger Ebert would disagree and so would others. I wouldn't disagree, but the two people you chastise for not reading your first sentence were actually 100 correct in their assessments.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

Wrong.  Both said I made a statement without backing it up.  That is incorrect.  The statement was "[video games] are protected [speech]."  The support for that statement was my first sentence: "They all have artistic value."

Now, if you don't agree that all games have artistic value, that's a completely separate argument.

 

Andrew Eisen

 
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Cecil475@hellfire7885 - Makes me want to support Nintendo even more.05/24/2013 - 4:49pm
hellfire7885Man, EA seems to be determined to destroy the Wii U ,and the evidently are so arrogant as to believe not making games for it will do that.05/24/2013 - 4:45pm
DorthLousPwahahahha http://www.destructoid.com/wii-u-sales-drastically-spike-after-xbox-one-presentation-254449.phtml#LlG8HEYbQj2krql5.0105/24/2013 - 2:23pm
james_fudgeshe gets no credit until she employs some common sense. - 2 credits for her.05/24/2013 - 11:22am
Andrew EisenTo Stender's credit, she did unmoderate my most recent comment within a day's time. There's even a couple other replies. None from her though.05/24/2013 - 11:18am
james_fudgeapparently gamers are all 14 - 21 years-olds living in basements according to her way of thinking...05/24/2013 - 11:11am
ZippyDSMleeEZK: 0_o thier video card chipset is at the very least 3 versions behind the top PC video card.......05/24/2013 - 7:38am
MechaTama31"You just wouldn't understand how my parenting preferences are more important than everybody else's freedoms."05/24/2013 - 7:37am
DorthLousI love how she plays the "I'm a parent, you're a gamer, you couldn't understand" card... I'm a parent and I find her position despicable...05/23/2013 - 4:16pm
E. Zachary KnightShe didn't address your questions because she doesn't have any answers.05/23/2013 - 3:38pm
Andrew EisenI replied to her comment. Maybe in a few weeks I'll get a reply.05/23/2013 - 3:24pm
Thomas Riordan@Andrew Eisen To what bowling alley does she go that puts sexual images in the faces of 6 year olds?05/23/2013 - 3:17pm
Andrew EisenWell, it took a month but Linda Stender finally replied to me... and didn't address a single one of my questions. http://aswlindastender.com/2013/04/23/follow-up-video-games-and-their-effect-on-children/05/23/2013 - 3:13pm
ImautobotAlso, from a tech perspective the PS4 is apparently already winning. http://bgr.com/2013/05/22/xbox-one-vs-playstation-4-specs/05/23/2013 - 3:12pm
ImautobotSony's PS4 motto should be "We play games." Microsoft's should be "We play games, when we're not rewinding your tapes."05/23/2013 - 3:11pm
Andrew EisenOh look, Dying Light was just announced For Everything But Wii U. That's 73.05/23/2013 - 2:06pm
james_fudgeZippy: they said the same thing about Cell. How did that turn out.05/23/2013 - 1:28pm
Andrew EisenNeed for Speed Rivals is coming out For Everything But Wii U - PS3, 360, PC, PS4 and Xbox One. That brings the grand total up to 72.05/23/2013 - 12:55pm
PHX Corphttp://wiiudaily.com/2013/05/microsoft-is-selling-the-wii-u-better-than-nintendo/ Wii U daily Opinion: Microsoft is selling the Wii U better than Nintendo05/23/2013 - 12:23pm
E. Zachary KnightZippy, they very well may be. But that will only last until they are released. At that time, they will be two generations behind.05/23/2013 - 11:14am
 

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