Attorney Forecasts Supreme Court Decision, Wonders Why It Granted Cert

November 1, 2010 -

Over at Gamasutra, Attorney Greg Boyd has composed a detailed look at the California law at the center of Schwarzenegger v. EMA.  After a brief history lesson concerning what the law says and where it’s been over the last few years, Boyd speculates about how the Supreme Court may eventually rule.

“It would be surprising to the legal community if this case went against all the prior similar cases on content-based regulation. The consensus expectation is that this case will fit with the other state cases on this issue (and the two lower court decisions in California). The preliminary injunction will likely be upheld and the statute will likely be held unconstitutional.”

As Boyd points out, the Supreme Court typically grants cert for cases that federal courts in different parts of the country are split on.  Of course, as we all know, there is no spit on this issue.  There have been 12 attempts in the last eight years to impose a state-level regulation on video games and each one has failed.  So, with the precedent cases being unanimous, why is the Supreme Court hearing oral arguments for Schwarzenegger v. EMA tomorrow?

“Is it that all of the other courts have gotten it wrong? Perhaps the strict scrutiny standard applied above, and commonly throughout the other content-based regulation cases, is the incorrect standard. Perhaps this is a case of the High Court stepping in to settle the issue in a more final way.

The Court could see that, clearly, the states are not "getting it" with the other cases, and they know this type of legislation has already cost the state taxpayers more than $2 million in reimbursed legal fees.”

Read the whole shebang over at Gamasutra and try not to lose too much sleep over the next few months while the Supreme Court makes its decision.

-Reporting from San Diego, GamePolitics Correspondent Andrew Eisen


Comments

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

It could be because this is a court with a new conservative majority, and they want to set a new standard for artistic expression, a more narrow standard, and also give more leeway to states as well.

That is what you'd expect a conservative majority to do, and this majority is new. So I think looking back at precedent of the past may not be as useful now as it use to be.
 

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

Mmmmaybe.  But as we've discussed at length in these comments threads, free speech versus censorship seldom falls under straight liberal-versus-conservative lines.  I still expect a victory for the EMA; Thomas, at least, is reliable on free speech issues, and I expect Kennedy to side with the EMA as well.

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

If SCOTUS Rules in favor of the industry(And I expect it alongside Attorney Greg Boyd(Note I'm not a lawyer, but I do have a hunch we'll Win)) Hope The Decision is Giftwrapped as an early christmas present

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: Attorney Forecasts Supreme Court Decision, Wonders Why ...

"Perhaps this is a case of the High Court stepping in to settle the issue in a more final way"

I think me and a few other gamers were thinking the same thing when the scouts announced they'll heard the case in question

http://www.magicinkgaming.com/

 
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quiknkoldI would change that from "One who plays games" To "One who currently plays games". Like my friend as a kid playd games but then he stopped and hasnt for the last decade+ so I wouldnt call him a Gamer.10/30/2014 - 11:16am
Andrew EisenHmm, that sounds like a great idea for a series of articles! I bet they'd be well-received and not taken the complete wrong way at all!10/30/2014 - 11:12am
Andrew EisenThat's right, gamer simply means one who plays games. That's it. The idea that "gamer" refers to something very limited and specific, well, that's no longer applicable in this day and age of mainstream gaming.10/30/2014 - 11:12am
Andrew EisenMatthew - As I said last night, that is not a bad thing. Different types of reviews to serve different interests is a GOOD thing and should be encouraged! There is not, nor should there be, only one way to review a game or anything else.10/30/2014 - 11:01am
ZippyDSMleeAnyone see this? http://www.dailykos.com/story/2014/10/29/1339617/-Cartoon-Gamergate-Contagion-Spreads?detail=facebook10/30/2014 - 10:55am
E. Zachary KnightNeeneko, Matthew, yeah, there is no "wrong" way to review a game. It all depends on who the reviewer wants reading the review.10/30/2014 - 10:48am
quiknkoldhas their own stream, you are a gamer. I think the only prerequiset is to Play Games for Enjoyment10/30/2014 - 10:21am
quiknkoldI always felt the Gamer Identity was expressing an enthusiasm for Gaming in general. There are different degrees to that. If you say "I love this game and play it, lets see what else" with Ipad game, you are a gamer. If you are a retro game collector who10/30/2014 - 10:20am
NeenekoIt is long overdue, and things will probably settle down when they accept that the industry does not cater to them and them alone and go back to posturing within their own subculture.10/30/2014 - 10:10am
NeenekoThe community has always been split, with many factions within it, and they used to not interact all that much. Now they are having to confront they are not alone and thus not the one twue gamer identity.10/30/2014 - 10:09am
CMinerMW: The two are not mutually exclusive.10/30/2014 - 10:05am
Matthew Wilsonthe gaming community is going to split in to 2 groups. one wants games reviewed as product, and the other as art with all the social critique that comes with that. at this point i dont think it can be stopped sadly.10/30/2014 - 9:56am
NeenekoIt is a wonderful example of the heart of the issue, people accustomed to being part of defining value slamming into people who have other values.10/30/2014 - 9:53am
E. Zachary KnightAlso, this is a hillarious view of Kickstarter "Fine, still doesn't justify taking people's money they gave her to do a project for herself." talking about Sarkeesian.10/30/2014 - 9:35am
MaskedPixelantehttps://twitter.com/DanSlott/status/527814374459977728 One More Shot at Marriage.10/30/2014 - 8:44am
E. Zachary KnightApparently, it is ok to review a games art on whether or not you like the style, but not ok to review a game's story or theme based on whether or not you like or agree with it.10/30/2014 - 8:40am
MechaCrashComics never change because the people in charge now read comics when they were kids, and keep reverting comics to what they remember. As long as that cycle holds, change will be slow at best.10/30/2014 - 8:18am
Neeneko@ MechaTama31 - That is the big reason fansubs were tollerated for so long in the US, japanese studios kept watch to see which ones became popular via those networks.10/30/2014 - 8:11am
quiknkoldJournalists shouldnt be bigger than the stories they report or products they review.10/30/2014 - 7:48am
E. Zachary KnightHere is some food for thought for gamergaters who want politics out of games journalism. https://www.techdirt.com/articles/20141026/06425828942/journalists-need-point-view-if-they-want-to-stay-relevant.shtml10/30/2014 - 7:18am
 

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