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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ZippyDSMleeEh still rather subjective… the haters would be better off going after teen and beauty rags and magazines than fiction, fiction follows reality and going after fiction tends to turn into a bullying fest’s… plus its fiction its unrealistic to start with….02/27/2015 - 1:10am
MechaTama31That's a pretty difficult anatomy to break.02/26/2015 - 11:09pm
MechaTama31"the way her animations repeatedly break her anatomy" <-- I'm sorry, but we are talking here about the woman who can roll up into a little ball and live to tell the tale, yes? ;)02/26/2015 - 11:09pm
Andrew EisenAs far as examples that could be culled from female game characters though, that one's pretty mild.02/26/2015 - 9:11pm
Andrew EisenNot as much the heels or the suit in and of themselves but certainly the way her animations repeatedly break her anatomy to show off her lady bits.02/26/2015 - 9:10pm
E. Zachary KnightWell, Samus's heels are certainly impracticable, but I wouldn't really call her Zero suit objectified. I don't really feel that the new Lara Croft is objectified either, but that is my subjective opinion.02/26/2015 - 9:08pm
Andrew EisenTomb Raider: No but we haven't seen much of anything yet. Samus: Yes.02/26/2015 - 9:07pm
ZippyDSMleeWould you call the new tomb raider objectified? WOuld Samus Aran from the new Smash bros be objectified?02/26/2015 - 9:02pm
WonderkarpI'm hoping they put the rest of the comic book ghostbusters in there. Ortiz and Rookie(From GB the game)02/26/2015 - 8:38pm
Wonderkarpghostbusters board game is doing great. getting close too a 3rd extra playable Character. Ron Alexander.02/26/2015 - 8:37pm
Andrew EisenSmurfette is not subjective. If there's more than one female character, it's not Smurfette. Anyway, as with everything on the list, Smurfette is, in and of itself, not necessarily a bad thing.02/26/2015 - 8:32pm
Andrew EisenI think there's 5 women (out of 15, I think) but other than one being a bit more "hippy" than the others, they pretty much all have the same body type. Especially when compaired to the huge variety of male body types.02/26/2015 - 8:31pm
Wonderkarpso I dont see Smurfette as a bad thing. Unless like all your female characters are Smurfette. remember the Smurfs also had Sassette02/26/2015 - 8:29pm
E. Zachary KnightOne good example of the larger issues is one Anita used in the presentation, Blizzard's Overwatch game. There are a dozen men in the game with a dozen body types. But there are only 4 women with 2 body types, but 3 of them have the same one.02/26/2015 - 8:28pm
Wonderkarpthe smurfette thing is subjective to how many female characters you have. Take Sonic for example. You have Amy, who is obvious smurfette, but there's several other female characters now without that. Including the original animated seriescomics with Sally02/26/2015 - 8:28pm
E. Zachary KnightAE. Very true. I think that is where I was going, but it didn't come out right. Jack Harkness is sexy but not objectified. Whereas, a women would have to be objectified in order to be "sexy" in most games.02/26/2015 - 8:26pm
E. Zachary KnightAnd as Andrew pointed out, there is a big difference between a sexualized man, and an idealized man. But for some reason, there is no distinction between women in games. For the most part.02/26/2015 - 8:25pm
Andrew EisenI think one of the issues we run into repeatedly with these conversations is the confusion over "sexy" and "sexually objectified."02/26/2015 - 8:24pm
E. Zachary KnightYet, for some reason, in orde rto have a sexualized women, she must be wearing lingerie or a bikini. Can't women be sexual and still dress for the job at hand?02/26/2015 - 8:24pm
E. Zachary KnightThe problem I have with complaints of "sexualized men" is that men don't have to wear speedos to be sexualized. Captain Jack Harkness from Torchwood/Doctor Who, was one sexy man, but he spent 99% of his time in a WW2 soldier's trenchcoat.02/26/2015 - 8:23pm
 

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