Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

August 23, 2010 -

Tuesday, November 2, 2010 at 10 AM ET is when oral arguments will be made in front of the Supreme Court of the United States for case number 08-1448, better known as Schwarzenegger vs EMA.

The one-hour long session is the first on that day’s calendar (PDF) and will see the Court answer a pair of questions related to a California state law originally authored by State Senator Leland Yee, which sought to ban the sale of violent videogames to minors.

The two questions posed to the Court are:

1.  Does the First Amendment bar a state from restricting the sale of violent video games to minors?

2.  If the First Amendment applies to violent video games that are sold to minors, and the standard of review is strict scrutiny, under Turner Broadcasting System, Inc. v. F.C.C., 512 U.S. 622, 666 (1994), is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of the games to minors?

The Court, unfortunately for all of us waiting, has no set time table under which it must decide on the case and/or issue a decision, other than it must be decided before the Court’s summer recess begins, which is usually at the end of June.

More on arguments from the Supreme Court website:

During an argument week, the Justices meet in a private conference, closed even to staff, to discuss the cases and to take a preliminary vote on each case. If the Chief Justice is in the majority on a case decision, he decides who will write the opinion. He may decide to write it himself or he may assign that duty to any other Justice in the majority. If the Chief Justice is in the minority, the Justice in the majority who has the most seniority assumes the assignment duty.

Also, if you were wondering where new Chief Justice Elena Kagan would be sitting, wonder no more as SCOTUS has also released the Court’s new seating chart. Kagan will be sitting to the left of Justice Samuel Alito, all the way on the right side of the Court as viewing it from the audience.

Comments

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

Oops, read that wrong. Preliminary vote is after arguments. It seemed dubious they would vote even before that time.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

I didn't get that from the post...I think it's saying a vote will be held during arguments week which is Nov. 2.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

So is the preliminary vote before or after oral arguments are completed?

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

My understanding, which could be flawed, is that it is after.  Anyone know different?

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

According to http://en.wikipedia.org/wiki/Procedures_of_the_Supreme_Court_of_the_Unit... this meeting is directly after oral arguments. There probably isn't anything preventing them from conferring amongst each other prior to oral argument, but that's not likely what the SCOTUS website was talking about.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

I have 2 games preordered from the UK if this censorship bill passes. With games not being free speech anymore the states can ban all blood, gore, dismemberment, sexual content, etc. Leaving us with what Germany and Australia have for their games.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

1. It's not a question of passing a bill.  The bill has already been passed; it's a law and it's being challenged in the Supreme Court.

2. It doesn't ban any content; it bans violent games being sold to minors.  While I think that's a bad thing and fundamentally oppose it, it's not what you're describing at all.

3. Suggesting the UK puts more stock in free speech than the US is a bit of an oversimplification.  While they certainly allow, for example, more adult content in their broadcast TV, they don't have a First Amendment like we do.  There are much stronger restrictions on political speech and the like.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

Games are a form of speech and thus should be protected. The people who are so adamant about banning them just refuse to acknowledge that.They're just going through what video game,s movie,s music, hell, al lforms of media have before.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

"[Under strick scrutiny] is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of the games to minors?"

As I understand it, the state has to do more than just show that there's something out there psychologically harming children that the state needs to protect them from, it also has to show that the law will protect them from said harm (it won't) and show that the law is more effective than the measures already out there (it isn't).

 

Andrew Eisen

 
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MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
Andrew EisenActually, "things I'd like to see become standard in video games" ain't a bad idea for one of my future YouTube videos.07/03/2015 - 1:05am
Andrew EisenYou know what I'd really like to see become standard? The ability to pause cutscenes. Rewind and skip (with "Are you sure?") would be nice too. Oh, and maybe display the duration of the cutscene when it's paused.07/03/2015 - 1:03am
Mattsworknameonly reason to do region locking now is to be dicks your consumer base. Granted, we see that ALOT these days07/03/2015 - 12:48am
MattsworknameI understand the concerns about the region locking thing, I just thing that if you buy a game legitimately, no matter where it's from or what langauge it's in, you should be allowed to play it. the argument about piracy was proven false years ago, the07/03/2015 - 12:47am
Matthew Wilsonhttp://www.theverge.com/culture/2015/7/2/8888243/reddit-subreddits-private-after-ama-victoria-taylor-fired bad optics by Reddit.07/03/2015 - 12:33am
 

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