SCOTUS Blog Schwarzenegger v. EMA Preview

October 27, 2010 -

The SCOTUS Blog gives us a preview of the arguments we can expect from both sides of the Schwarzenegger v. Entertainment Merchants Association review before the Supreme Court on November 2. Deputy state attorney general Zackery P. Morazzini will argue for California (Jerry Brown is busy campaigning for Governor of the state), and Paul M. Smith of Jenner & Block will be arguing for the video game industry.

This is a great read because it covers everything about the case that you could possibly imagine, but the bit below sums up a general feeling about the SCOTUS taking up the case in the first place:

One of the briefs, from the Pennsylvania Center for the First Amendment and the Brechner First Amendment Project, implied that the Court may have taken on more of a societal challenge than it realized when it granted review of the case. By granting the petition, it commented, “the Court now stands primed to wade deeply into the culture war over media violence. This is a surreal, surrogate and substitute war…for addressing the problems of real-world violence, as California and other government entities play the media blame game…It also is a war over censorship.” What the Court is being asked to sustain, that brief said dismissively, is “feel-good legislation.”

Read the whole thing here.

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Re: SCOTUS Blog Schwarzenegger v. EMA Preview

If there was anything that would have helped California convey to the court how serious they were about this issue and that would have helped it stand a chance, it was having their very own Attorney General stand before them to make the case personally.  However, since Jerry "Moonbeam" Brown won't be there as he is campaigning (and will probably fail...again) and having some other guy nobody's really heard of instead, their argument won't come across as strong as it would have otherwise.  Again, just goes to show what the state's priorities are.

It sounds like the stakes on this really are far higher than we realized.  And that this may indeed be the final word on not just video game violence, but ALL depictons of violence in media.  I relly hope, then, for a favorable outcome.  I think however that since they know that this really is a piece of "feel-good" legislation, and that those types of laws ultimately do nothing, that they may have already made their minds up and will reaffirm the lower court rulings

Re: SCOTUS Blog Schwarzenegger v. EMA Preview

I like to think the Supreme Court is not swayed by name recognition of attorneys.

Re: SCOTUS Blog Schwarzenegger v. EMA Preview

Honestly, that's probably a bit naive.  Certainly its not the main thing they'll be focusing on, but it could have some *small* impact.  It's been pointed out multiple times that thinking the SCOTUS judges are perfectly objective machines is not realistic.  Not saying the name recognition of the lawyers will be main issue, but it could have some small impact.

Re: SCOTUS Blog Schwarzenegger v. EMA Preview

"It's been pointed out multiple times that thinking the SCOTUS judges are perfectly objective machines is not realistic."

Of course it isn't, but that's not the same thing as deducting points from an argument because somebody other than a state AG showed up to argue it.

Now, if he's a worse lawyer than the AG, then yeah, it's going to hurt his case.  And the Justices' own personal biases will play in on some level -- that's why we can say things like "Alito will probably side with California and Thomas with EMA."  But that's not the same thing as taking the argument less seriously because somebody other than the AG showed up.

Re: SCOTUS Blog Schwarzenegger v. EMA Preview

This wait is killing me.  To me, for videogames to lose First Amendment protection is basically a death sentence to the entire medium, as I will not abide a situation where the only games are designed for children in mind.   This court decision had better come fast so I can determine if I need a new hobby or not.

Re: SCOTUS Blog Schwarzenegger v. EMA Preview

Not ot mention the people who play part in getting first ammendment protections removed from video games are unlikely to stop there.

 
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Mattsworknamemeet ips. stupid phone.05/27/2015 - 11:34pm
MattsworknameI feel ups should have a hard line expiration date. if a company doesn't use them for ten years they have to put it on the market or make it open source05/27/2015 - 11:34pm
MechaCrashPride does play a factor. If you sell an IP to someone, and they make a ton of money off it, it makes you look like a tool: why didn't YOU make that money? Better to sit on it than be embarassed that way.05/27/2015 - 10:58pm
ZippyDSMleeAS far as I understand it the suits think sitting on a an IP till the time is right is more profitable than tradeing it around.....hevean forbit soemone use soemthing to make money with....05/27/2015 - 9:58pm
Andrew EisenOh, there's also the Facebook page.05/27/2015 - 4:29pm
hidannikOkay :( Guess I'll just have to YouTube it when I've caught up on all the other podcasts.05/27/2015 - 4:13pm
Andrew EisenI honestly don't know. The show is on my YouTube channel and we promote it here on the site every week.05/27/2015 - 4:11pm
hidannikIs there nothing a podcast app can key on?\05/27/2015 - 4:09pm
Andrew EisenYeah, we lost Libsyn quite some time ago. As such, no RSS or iTunes. We're working on finding a new (and cost effective) home but it's been really slow going.05/27/2015 - 4:07pm
hidannikThe last one on that feed was Feb 905/27/2015 - 4:05pm
hidannikThe feed is at superpac.libsyn.com05/27/2015 - 4:05pm
hidannikI ask because it hasn't shown up in my PocketCasts feed in a while. (I'm currently a month behind)05/27/2015 - 4:02pm
E. Zachary KnightAE, Loved your mom as the guest on your 30 Days of Netflix series. She is one interesting lady.05/27/2015 - 3:47pm
E. Zachary Knighthidannik, If you mean on iTunes, we are working to get it back up there soon. Otherwise, the show must go on. We record live every Saturday at 8pm Central05/27/2015 - 3:47pm
Andrew Eisenhidannik - The podcast will continue this weekend and every weekend after for the foreseeable future. What makes you ask?05/27/2015 - 3:29pm
Matthew WilsonI say no it isnt, but it depends on the reason for not selling it. were the pressured to not sell it. aka target au, or did they chose not to on their own aka gog with hatred.05/27/2015 - 3:28pm
hidannikIs there no more podcast?05/27/2015 - 3:26pm
E. Zachary KnightHere is another thought exercise. How would you feel if game developers traded in IP? http://gamasutra.com/blogs/JorgeMunoz/20150520/243471/Why_dont_developers_buysell_intellectual_property_much_like_other_assets.php05/27/2015 - 3:24pm
Andrew EisenSlightly Mad Studio comments on Wii U version of Project Cars: http://www.nintendolife.com/news/2015/05/exclusive_slightly_mad_studio_head_ian_bell_sets_the_record_straight_on_project_cars_wii_u05/27/2015 - 11:54am
E. Zachary KnightGamasutra has a really interesting interview with the Hatred developers. http://gamasutra.com/blogs/AlbertPalka/20150526/244229/Real_talk_with_Destructive_Creations_Hatred_interview.php05/27/2015 - 10:11am
 

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