SCOTUS 'Originalists' and Video Games

January 11, 2011 -

The Atlantic Wire asks the question "What Does the Constitution Say About Video Games?" by pointing to a New York Times article about the Supreme Court's "originalists." These justices, led by Justice Scalia, believe the law "should adhere as closely as possible to the Constitution's text and to the founders' original intentions," according to the Atlantic Wire.

So what does this mean as it relates to new technology the founding fathers could have never imagined like video games?

Here is some of what the New York Times article said about it:

"In addition to disagreeing about the value of previous precedents, the conservative justices disagree among themselves about what the founders would have thought about technologies and institutions that didn’t exist when the Constitution was written.

In a November oral argument about a California law restricting minors from buying violent video games, Justices Scalia and Samuel A. Alito debated whether the ratifiers of the First Amendment would have thought that it protected portrayals of violence.

'What Justice Scalia wants to know is what James Madison thought about video games,' and if 'he enjoyed them,' Justice Alito said sarcastically. Justice Scalia shot back, 'No, I want to know what James Madison thought about violence.' The dispute will be resolved in the opinion, to be issued later this year.

The point of both articles is pretty clear: strict originalism cannot always address issues that aren't black and white.. like video games and violence. However, technology really has nothing to do with it; the founding fathers would deal with video games the way they would deal with movies, music, television and literature - as forms of free speech.


Comments

Re: SCOTUS 'Originalists' and Video Games

You cannot snatch up those from that period in time and bring them here and hope they magically understand all the other social changes that occurred between their time and our time.

They would have had to actually have evolved along with society over the hundreds of years since their time til now.

That does not mean they would have HAD to have accepted the changes that occurred over time.  But as society evolved, and they lived through those changes, they would have been able to grasp those changes much easier than to be suddenly thrust from then to now.

I've always found the argument of "The Founding Fathers never meant for the US Constitution to do or include so-n-so".  The Founding Fathers of the US Constitution TRIED to make it as neutral and generic as possible.  To deal with probable changes within their understanding that may still have conflicted with their own personal beliefs.  The Constitution was not written to defend only THEIR beliefs and no one elses.  And it was designed sufficiently to BE Amended in case there were situations they could not anticipate or predict.  That was quite clear as it CAN be Amended.

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: SCOTUS 'Originalists' and Video Games

I always think of it as siding with the average person and their freedoms the most (say a persons right to back up and play their copies vrs a companies right to prevent it via the courts, they have the right to create DRM and online activations and what not but the public has the right to bypass it legally or should).  Basically an individuals right dose not easily get over turned or mitigated(made illegal, stupid dose not make something worthy of law,IE j walking), the right bare weapons is a right it should be unquestioned, you deal with the crime that happens after the fact not go bat shit loco over every instances of quasi questionable purchases or stock piles(unless you can track crimes from said stock pile). Of course we need a better system to keep felons away from weapons anything more than that is really un needed. 

 

The trouble tho is president the courts have said X or Y over the years and thus the law has been derived from that and not the constitution itself, that is a problem with modern law and modern government we are not following a distilled founding rather we are following what has been derived from and after awhile it becomes sewage...


I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: SCOTUS 'Originalists' and Video Games

Just because Scalia says he's an "Originalist" does not make it so. It's funny how the Founding Fathers all seem to agree with Scalia's political views despite clear historical evidence that they did not. He's intellectually dishonest at best, and an outright liar at worst. Never forget that.

Re: SCOTUS 'Originalists' and Video Games

The tricky part about trying to get inside the founder's heads..... for starters, there were many founders with a variety of views and goals.  The Constitution and Bill of Rights were both compromise documents that were arrived at though a long series of arguments.. and they had some vagueness built into them because different states wanted wiggle room to do things that other states did not want them doing.

There was also a very different worldview back then, that the justices should be careful about using as a meter stick.  For instance there was quite a bit of 'well of course we don't mean (insert group) should be protected'.. which of course the 'originalists' like to point to as proof that the Bill of Rights was not meant to apply to everyone.  Why should they be careful?  Well, for starters... Catholics and Jews were two of those groups that it was just assumed that religious protections would not be extended to.... so Originalists, if they were truly keeping to those early assumptions that they use to back up their prejudice.. only 2 of the justices would find their personal faith protected.

Re: SCOTUS 'Originalists' and Video Games

I dunno you can always depend on it to tilt to an individual's freedom regulated by the state they are in. If you try and do more than that that you are just practicing disingenuity.


I have a dream, break the chains of copy right oppression! http://zippydsmlee.wordpress.com/2010/05/21/cigital-disobedience/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: SCOTUS 'Originalists' and Video Games

Games have plot, stories, make people laugh, cry. They are as much as art that movies, books, TV and music is. Here is hoping the SCOTUS agrees.

Re: SCOTUS 'Originalists' and Video Games

Though, sometimes those tears come for the wrong reasons, like playing a troll game (Kaizo Mario, IWBTG) or a highly glitched/bugged game (Alpha Protocol, New Vegas)

 
Forgot your password?
Username :
Password :

Poll

Will the FCC preempt state laws that limit municipal broadband services?:

Shout box

You're not permitted to post shouts.
PHX CorpI'm going to do a test stream later today, if anyone is intrested07/31/2014 - 2:40pm
Andrew EisenYes, I'm such a big Nintendo dork that I read Nintendo's quarterly financial reports.07/31/2014 - 2:09pm
Andrew EisenCool tidbit - Mario Kart 8 sales account for more than half of total Wii U software sales for the last quarter even though it was only available for the last third.07/31/2014 - 2:09pm
Andrew EisenStill a pretty cool promotion. Unfortunately for me, I'm not interested in purchasing Mario Kart 8 and I already owned or didn't want any of the free games on offer.07/31/2014 - 1:43pm
Andrew EisenInteresting that EU had 10 games to choose from while North America only had four.07/31/2014 - 1:41pm
MaskedPixelanteIt certainly worked, I probably would never have bought Mario Kart 8 if it didn't come with a free copy of Wind Waker HD.07/31/2014 - 1:14pm
Andrew EisenI imagine will see similar promotions like "Buy Mario Kart 8 get a download code for one of these specific games" but almost certainly not for all of its (however you would define) biggest releases.07/31/2014 - 11:24am
MaskedPixelanteI wonder if Nintendo is going to be doing "buy one get one free" promos for all their biggest releases going forward.07/31/2014 - 10:48am
MaskedPixelantehttp://www.mcvuk.com/news/read/special-report-retail-revolt-over-pc-code-strippers/013614007/31/2014 - 8:27am
ZippyDSMleeWouldn't they be able to afford and get done in a timely manner a general gba emluator for the 3DS? It seems to me if they want to make money off sales they need to do it.07/31/2014 - 7:25am
Sora-ChanAmbassador program, that's what I was looking for. Anyway the other games that have been made no longer exclusive to the early adopters got updates in their software. It'll only be a matter of time more than likely for the GBA to get the same treatment.07/31/2014 - 5:35am
Sora-ChanI might be naming it incorrectly when I say "founder" i mean the program for earlier adopters.07/31/2014 - 5:34am
Sora-Chanthe 3DS's GBA emulator was a rush job due to the founder program. No other GBA titles have been released on the 3DS yet. If/When they do get around to it, they'll more than likely update the emulation software.07/31/2014 - 5:32am
Zenemulator...it's not just a slap job that makes "some" work..they do it for each which is why they work so well. I would rather have the quality over just a slap job.07/30/2014 - 5:48pm
ZenMatthew there is a difference between "worked" and "accurate". You play the Nintendo VC titles they play as damn close to the original as possible. The PSP would just run them as best they could, issues and all. And Masked...EACH VC title has their own07/30/2014 - 5:48pm
MaskedPixelanteOnce again, the 3DS already HAS a GBA emulator, it just can't run at the same time as the 3DS OS.07/30/2014 - 4:54pm
Matthew Wilsonyou cant street pass in ds mode ether, and if moders can make a gba emulator that runs very well on the psp as I understand it. you are telling me that Nintendo devs are not as good as moders?07/30/2014 - 4:49pm
Zenperformance. Halo 1 and 2 worked great because they actually did custom work on each of them...just like Nintendo does now lol07/30/2014 - 4:08pm
Zenexisting hardware while the GBA has to be emulated completely. Same reason the 360 couldn't run most Original Xbox games correctly, or had issues because they just did "blanket approach" for their emulation which led to game killing bugs or horrible07/30/2014 - 4:07pm
ZenSora/Matthew: It's not just Miiverse, but the whole idea of streetpass and things like that would be affected if the OS is not running. And just because a 3DS game can be downloaded and run does not mean that GBA can as easily. Those 3DS games use the07/30/2014 - 4:06pm
 

Be Heard - Contact Your Politician