Happy Independence Day

July 4, 2011 -

Happy Independence Day, everyone. We are taking a day off to enjoy the weather, good food, excellent company, and our freedom. We'll be back to our regular schedule tomorrow. This July 4 is made all the more important in light of the recent decision in Brown v. EMA. While a great victory was won on behalf of free speech. The door is still open and the wolf is lying in wait.

Our liberties and our freedoms mean everything. We should never forget the sacrifices made on behalf of those freedoms and we should always be vigilant, never be complacent, and always ready to stand up for what is right and just.

Happy Independence Day.


Comments

Re: Happy Independence Day

I don't think Brown vs EMA was a great victory on behalf of free speech. It was a great loss for the principles of Federalism. There is nothing in the Constitution that says that individual states have to allow minors to buy videogames at all. I think that wasn't a very good law in California, but it was perfectly Constitutional, and it was passed by the duly elected representatives of the people. It is none of the business of unelected judges to overturn such a law. The right way to get it overturned would be to elect canidates who would overturn it through the legislative process.

Re: Happy Independence Day

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


When the SCOTUS makes a Federal decision on the Constitution, in covers all the states (Georgia tried that with the Freedom of Religion back in 1939 because the 1rst Amendment says "CONGRESS shall make no law..." but that only ended in the SOCAS, bringing it down from Fedral to State level).

Now cybernatography definitely qualifies under the 1rst Amendment (as I have said repeatedly).

1. It is Free Speech, given its narrative.

2. It is Free Press, given its published works.

3. It is Peaceful Assembly, given its online multiplayer.

Now. Do you need anymore proof?

Re: Happy Independence Day

Re-read the Constitution, motard. Hell, re-read Scalia's majority opinion in Brown v. EMA.

Brown v. EMA wasn't just about selling games to minors. It was also about a state trying to treat one form of free speech differently than others, on the basis that the speech in question is "dangerous", "new", and "more interactive than the others".

Article III gives the Supreme Court(and the courts below them) judicial review of all laws passed by the US Congress(and affirmed through Marbury v. Madison), and through the Fourteenth Amendment, all laws passed by the states, thus making it the business of the "unelected judges" to overturn a law if it's found to be unconstitutional.

The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Edit: The Ninth Amendment states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Meaning that just because a right is not explicitly guaranteed in the Constitution doesn't mean that the right in question doesn't exist.

Section 1 of the Fourteenth Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." (Note: for Constitutional purposes, corporations like Microsoft, Sony, Nintendo, etc. are considered to be people, as a corporation is a collective of persons.)

To summarize: California passed a law abridging the freedom of speech; the video game industry petitioned the Government for a redress of grievances as the Judicial branch is part of the government; Federal district judge overturned the law as unconstitutional; California appealed to Ninth Circuit Court of Appeals; Ninth Circuit affirmed lower court ruling; California appealed to U.S. Supreme Court; SCOTUS affirmed Ninth Circuit ruling.

The representatives in the California State Legislature being elected by the majority of people in their districts is irrevalent. The Constitution protects the minority from the tyranny of the majority.

Bottom line: California's law was never "perfectly Constitutional", and California lost. Deal with it.

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: Happy Independence Day

hm, disdain for judges.  Not believing that video games are speech protected by the first amendment.  Now all we need is a false statement about how the MPAA is enforced by the rule of law and we might just get suspicios that ol' John Bruce is using a false identity to spread his lies again.

-Ultimately what will do in mankind is a person's fear of their own freedom-

Re: Happy Independence Day

I asked you before, I'll ask you again: "How is a law that singles out a particular medium for a content-based restriction aimed at a select group of individuals "perfectly Constitutional"?"

Also:

"It is none of the business of unelected judges to overturn such a law. The right way to get it overturned would be to elect canidates who would overturn it through the legislative process."

Just out of curiosity, is this how you think it should work or how it does work?

 

Andrew Eisen

Re: Happy Independence Day

Wrong. This was exactly the right way to get the law overturned.

The Supreme Court of the United States was established by the Constitution for the purpose of reviewing laws passed by the US government and with the passing of the 14th ammendment the state governments to check the constitutionality of the law.

It is part of the whole checks and balances aspect of our govenrment. Without the check from judges, govenrments would be free to pass any law they wanted with no possible reprieve from unjust laws.

E. Zachary Knight
Divine Knight Gaming

Re: Happy Independence Day

Happy Independence Day to all the GP community! I hope yours is a pleasant one.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

 
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Craig R.And I'll be perfectly happy in never seeing the phrase 'false flag' ever again, as it is one of the worst notions to ever come out of the camp of the tinfoil brigade that is already completely overused.10/25/2014 - 3:50pm
Craig R.Gone for a week and come back to find GG didn't go away at all. Dammit.10/25/2014 - 3:48pm
Matthew Wilsonif they were serious, they would go to youtube. most youtube game reviewers tend to revew games as product, and tend leave social issues out of it.10/25/2014 - 1:42pm
quiknkoldif the gamergaters were serious, they'd realize that Kotaku and Polygon arent the only games in town, and that with the freedom of the internet, they could create their own websites and achieve the goals they are trying to achieve without arguement.10/25/2014 - 1:35pm
james_fudgehe should have called the police.10/25/2014 - 1:20pm
TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
Neo_DrKefkaSo two GamerGate supporters received a knife and syringe in the mail today. The same GamerGate supporters who said how awful it was were seen in other tweets gathering lists and sending our similar threats or harassment to shut down the other side....10/25/2014 - 11:36am
NeenekoJust look at how interviews are handled. Media tends to pit someone who is at best a journalist, but usually entertainer, against an expert, and it is presented and percieved as if they are equals.10/25/2014 - 7:38am
Neeneko@MC - Focusing on perpetrator does nothing for prevention, the media and public lack the domain knowledge and event details to draw any useful conclusions. All we get are armchair risk experts.10/25/2014 - 7:36am
Neeneko@AE - no name or picture, I like it.10/25/2014 - 7:34am
PHX Corp@MW and AE The news media needs to stop promoting the Shooters. period10/25/2014 - 7:16am
Andrew EisenWhen I write about these massacres, I don't use the shooter's name or picture. I'm not saying everyone has to play it that way but that's how I prefer to do it.10/25/2014 - 12:44am
Andrew EisenYep, it's why the news media stopped spotlighting numbnuts who run out on the field during sporting events.10/25/2014 - 12:01am
Matthew Wilsonin media research its called the copycat effect. it simply says that if the news covers one mass shooting shooter, it increases the likelihood of another person going on a mass shooting.10/25/2014 - 12:00am
Andrew EisenAgreed. It bugs me that I know the names, faces and personal histories of a bunch of mass shooters but I couldn't tell you the name of or recognize a photo of a single one of their victims.10/24/2014 - 11:51pm
 

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