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

 

Posted in

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!

 
Forgot your password?
Username :
Password :

Poll

Will Code Avarice's Paranautical Activity make its way back onto Steam?:

Shout box

You're not permitted to post shouts.
Matthew Wilsonofcourse not he did a video on the new civ game just yesterday.10/24/2014 - 10:32am
Papa MidnightYou think a bit of cancer surgery would keep The Cynical Brit from railing about bad PC ports? Not a chance! :)10/24/2014 - 10:15am
Matthew Wilsonmight be a bit soon only becouse he got out of cancer surgery last week, but ask his email is public.10/24/2014 - 9:56am
Papa MidnightHell, set up a Google Hangout or Skype call, and I'll be happy to join in.10/24/2014 - 9:34am
Papa MidnightBring Totalbiscuit on SuperPAC for Saturday!10/24/2014 - 9:32am
CMinerThere is no journalism/ethics concern that you've raised that would be made weaker by not raising it under the umbrella of GamerGate.10/24/2014 - 9:32am
CMinerNeo: You want to start some healing? Stop using the GamerGate hashtag. Even if you don't believe that it originated with harassers, you have to see that it's been irrevocably tainted by their actions.10/24/2014 - 9:31am
MaskedPixelanteGOG has a four day countdown to their next publisher. All hints suggest Disney, but no guarantee it'll be LucasArts.10/24/2014 - 6:58am
Neo_DrKefkawith a neutral party Moderating it. I've been waiting a long time for a GamerGate to happen but now all I want is the healing to start. Weird huh? Gamers don't need to be attacking gamers we should all be on the same side10/24/2014 - 12:39am
Neo_DrKefkaRight now from what I seen your tweet and the other guys tweet there are hard feelings. Until we start a dialogue with each other I think it will get worse before it will get better. I hope you guys work something out meet in a neutral stream10/24/2014 - 12:37am
Neo_DrKefkaThanks James. Even if a hot/hard headed person likes me thinks the public needs to sit down and discuss this together. We all might not agree right now but if the public does not start talking to each other we are not going anywhere.10/24/2014 - 12:36am
james_fudgeHey guys I had a nap because, getting old! I'll take a look.10/24/2014 - 12:01am
Matthew Wilsonjames needs to contact Totalbiscuit than10/23/2014 - 10:07pm
Neo_DrKefkaJames said earlier he went into a stream earlier informed them who he was and they didn't care. If James is trying to talk lets set something up?10/23/2014 - 9:38pm
Matthew WilsonTotalbiscuit has been trying for months, no one that is anti gg seems to want to talk with him on camera10/23/2014 - 9:20pm
Neo_DrKefkaHey James check your twitter. Check with Totalbiscuit see if you can get a round table discussion stream going see if he can get some pro gg people and you can get some gamejournopros. Both sides have been hurt, doxxed its time every1 sits down and talks10/23/2014 - 9:05pm
Matthew Wilsonthe wiiu will support up to 8 gc controllers http://www.smashbros.com/us/howto/entry10.html10/23/2014 - 7:50pm
quiknkoldmewtwo is a timed free exclusive. you can purchase him if you dont have both.10/23/2014 - 7:15pm
Neo_DrKefka@Monte A month and a half ago we had a lot of streams about solutions now all the streams are KingofPol styled rants about getting drunk. All Gamergate is about to many is for people to use the movement to jump start careers.10/23/2014 - 7:12pm
Neo_DrKefkaWhose stream where you in James?10/23/2014 - 7:02pm
 

Be Heard - Contact Your Politician