U.S. Supreme Court Upholds Ninth Circuit Decision in Brown v. Entertainment Merchants Association

June 27, 2011 -

The United States Supreme Court has ruled in favor of the video game industry and retailers in Brown v. Entertainment Merchants Association (formerly known as Schwarzenegger v. Entertainment Merchants Association). The full opinion can be found here. According to Justice Scalia, who wrote the opinion: "the act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment." Alito concurred with the judgment, joined by the Chief Justice. Justices Thomas and Breyer dissent, in an opinion by Thomas - according to SCOTUSBlog.

The court had to decide if a state law restricting the sale of violent video games to minors violated the First Amendment right to free speech. The Ninth Circuit Court ruled in favor of the EMA, saying that the law violated the First Amendment.

The law was written by California State Senator (D-San Francisco) Leland Yee and signed into law by California Governor Arnold Schwarzenegger in 2005. The law was immediately challenged by the video game industry and retail advocacy groups in the United States District Court for the Northern District of California. A judge put a permanent injunction on the law, ruling that it was unconstitutional because it violated rights protected by the First Amendment.

You can check out all the petitions and arguments from November here.

Source: SCOTUSBlog

 

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Comments

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Right now I've got Don't Stop Believing.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Wait wait! I've got the perfect one! If you know the words, sing along!

"This was a triumph!

I'm making a note here, huge success!

It's hard to overstate my satisfaction..." EVERYBODY!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Aperture Science
We do what we must
because we can.
For the good of all of us.
Except the ones who are dead.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

But there's no sense crying over every mistake 

You just keep trying till you run out of cake

and the science gets done

and you make a neat gun

for the people who are still alive.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Wow I hadn't realized how nervous I was about this.  Hopefully this is the end of these kind of laws.  The real shame is the amount tax payer money wasted on this law in a time of financial crisis.  I personly will be celabrating with the most violent game I have.  (Either Bulletstorm or Mortal Kombat)

Now, I beleive in these circumstances are the following is obligatory so everybody join me.  U-S-A, U-S-A, U-S-A

"Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium.  And “the basic principles of freedom of speech . . . do not vary” with a new and different communication medium."  Brown V. EMA


 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Can't wait to see what Yee has to say. He is probably crying.

E. Zachary Knight
Divine Knight Gaming

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

I'm crying too! Joyfully, though. Makes it hard to dance!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

 I don't know.. it is hard to say how much political capital he really has wrapped up in this topic at this point.  

 

The river has moved on... while gamers care, the general voters seem less interested now

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

I hope Yee manages to keep it classy in his response, though I doubt it.  Expect some major hyperbole. 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Not too sure on that.  Yee is a Democrat from California- hardly the theistic type. 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

That doesn't mean anything. He's still a politician and they're all expected to appeal to god.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

He's busy looking for his crying towel as we speak and celebrate.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

7/2 is a large majority, i expected it to be much closer.

Here are we -- and yonder yawns the universe.

Here are we -- and yonder yawns the universe.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

To Leeland Yee, Arnold, Jerry Brown, and every other anti-gamer out there:

IN YOUR FACE!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Somewhere in Miami, a certain ex-lawyer is screaming, "NOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!"

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

I think he was probably far more upset that he couldn't have them ALL recused.  :)

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: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Not to belittle or take away the earned celebration of others, but can we have a "Gamer's Pride" march celebration?

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: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Hell Yeah. 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

VICTORY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!  yee was an ignorant fool ahahaahah

 

HUGE supporter of the Video Game Industry and the ECA!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Hooray for our side!

 
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Papa MidnightWith GTA5 (to date) failing to even provide indication of a PC release, I'm realising that this might be the first GTA game that I have not played (outside of Chinatown Wars) since the series inception.04/19/2014 - 8:14am
IanCSo im guessing a bunch of edutainment games, which a lot of people elsewhere are going gaga over, dot count as classics? Okay. If you don't mind me, i have a sudden urge to play Putt Putt....04/19/2014 - 6:15am
MaskedPixelantehttp://www.joystiq.com/2014/04/18/playstation-99-cent-sale-discounts-tokyo-jungle-super-stardust/ Weekend long PSN flash sale. So much stuff is 99 cents for the rest of the weekend.04/18/2014 - 5:59pm
Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
 

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