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

 

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

Hooray for our side!

 
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Michael ChandraAnd someone claiming #notyourshield was to be taken serious, when chatlogs show they wanted it going to hide even more harassment behind? Yeah, not buying a word you're saying. You poisoned your own well.09/19/2014 - 3:45am
Michael Chandraallegedly fired over giving a game a mediocre review and the company threatened to pull ads? Sorry but I ain't buying this.09/19/2014 - 3:45am
Michael ChandraBut people arguing this is horrible and just about ethics, even though there's very little support that journalistic integrity was actually violated here, while they never spoke up when a journalist was09/19/2014 - 3:43am
Michael ChandraIf people start with condemning the way GamersGate was used as a misdirection, then use a better hashtag, that would work in convincing me they mean it.09/19/2014 - 3:43am
Andrew EisenOoo, this one came down to the wire! https://www.kickstarter.com/projects/749082525/nefarious09/19/2014 - 1:03am
Andrew EisenI don't doubt that many are truly interested in journalistic integrity. The problem I'm often seeing is they seem to have no idea how or where to talk about it.09/18/2014 - 11:46pm
Andrew EisenDidn't word that well. Busy at work. I've seen people claim that GamerGate is solely about ethics and transparency in games journalism and then go on to show that what they're really after is silencing those who talk about gender issues in games.09/18/2014 - 11:45pm
Kronodebate. Becaus apparently people who only post on Reddit are supposed to police twitter before they're allowed to question anything about the people involved.09/18/2014 - 10:40pm
KronoI highly doubt many, if any are using journalistic integrity as a cover for harassment. The people harassing are essentially trolls. They aren't interested in subtle. More often it's othe other way around. People use "but X is being harassed" to shut down09/18/2014 - 10:38pm
Andrew EisenAnd exacerbating everything is the fact that all the cries of ethics violations have been obnoxious and easily proven false.09/18/2014 - 8:59pm
Andrew EisenProblem is, I would imagine, the sheer number of people who are using journalistic integrity as a cover for their harassing actions or only bringing it up on the false pretense of journalistic integrity.09/18/2014 - 8:47pm
Andrew EisenHaving said that, I can certainly see how one would be frustrated if they truly just wanted to talk about journalistic integrity and someone said they were one of the people harassing Sarkeesian, Quinn and others (though I've seen no examples of that).09/18/2014 - 8:44pm
KronoThat's been the common refrain, that talk of journalism ethics is just an excuse to harass people.09/18/2014 - 8:44pm
KronoLines like "like a partial compromise with the howling trolls who’ve latched onto ‘ethics’ as the latest flag in their onslaught against evolution and inclusion." are taring everyone questioning the ethics as a harasser.09/18/2014 - 8:43pm
Andrew EisenKrono - Except, none of the articles were talking about gamers complaining about journalist ethics, let alone called them white male misogynists. They were talking about the gamers who were harassing others.09/18/2014 - 8:36pm
Kronomakes plenty of sense. It's rather hard to dismiss someone as a white guy running a sock puppet when they've posted proof they're a woman, or black, or another minority.09/18/2014 - 8:32pm
Kronothat any critics of journalists were white guys that hated women, and could be dismissed as such. It seems to have helped some. It's kind of difficult to maintain the white guy narrative in the face of a bunch of women and non-white guys. So the tag09/18/2014 - 8:32pm
Kronothat, someone vented on a #gamergate 4chan thread about being dismissed like that. The suggestion they got in return was to organize their own hashtag in response, with #NotYourShield being suggested. Thus the tag came into use to combat the undercurrent09/18/2014 - 8:32pm
Kronomuch more general problem. And while several of the articles were fairly tame, they spured a bunch of people to dismiss any critics of the journalism involved as misogynistic men. Usually with insults aimed at the geek stereotype. After about a week of09/18/2014 - 8:32pm
Andrew EisenSleaker - Not sure what that has to do with anything but yeah, the gender percentages differ depending on how the study defines what a gamer is.09/18/2014 - 8:32pm
 

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