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. 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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Matthew Wilsonthan play it on ps3. its worth playing, at least when epasode 5 comes out in 6 to 8 weeks08/01/2015 - 2:39pm
Andrew EisenI'd prefer to play on console.08/01/2015 - 2:36pm
Matthew Wilson@AE you have a pc, buy it there.08/01/2015 - 2:33pm
Andrew EisenBut! My sister did buy me a PS3 for Christmas so I might play it yet!08/01/2015 - 2:16pm
Andrew EisenYeah, I'm hearing a lot of great things about that game and I'd love to give it a go. Too bad it's For Everything But Wii U.08/01/2015 - 2:13pm
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DocMelonheadIP wanted you to know that GamerGate is about Harassing minorities into submission, not "Ethnics in Journalism". It been a year since the Zoe Post was published and sparked a hate mob on Zoe Quinn.08/01/2015 - 12:28pm
DocMelonheadThat what's IP's goal is here in regard to gamergate: to get you guys to disassociate yourselves from the harassers that made all those claims up to threaten the advocates of social justice for minorities.08/01/2015 - 12:24pm
DocMelonheadIP tries to demonize all of GamerGate and it's supporters, along with those who didn't outright condemn it as a cover for a hate mob full of bigots.08/01/2015 - 12:20pm
MechaCrashNo, IP is trying to dehumanize you, I'm just pointing out that you're a hypocrit who makes bad faith arguments.08/01/2015 - 11:56am
Andrew EisenAnd I'm off too. Play nice, y'all!08/01/2015 - 11:33am
Andrew EisenIn short, discussions of ethics in journalism? Totally fine. Said indie dev's sex life? Not okay.08/01/2015 - 11:31am
james_fudgeTry talking when you have hundreds of people tweeting at you at the same time :)08/01/2015 - 11:30am
Andrew EisenAnd yet, when 30-seconds of research showed that there was no relevance to said indie dev's sex life, many people kept talking about. Hell, still do to this day. I had a guy on Twitter pester me about this nonsense for an entire day last weekend.08/01/2015 - 11:30am
james_fudgeWhatever dude, you're here posting. No one's stopping you.08/01/2015 - 11:30am
Goth_SkunkBe advised: In approximately 30 minutes I'm heading out of town for an obligatory family reunion. This is being stated so that none can interpret my upcoming 24 hour hiatus as a tail-tucking turn from discussion.08/01/2015 - 11:28am
Goth_SkunkEven now, IronPatriot, MechaCrash, and Craig R. continue to attempt to shout me down and dehumanize me.08/01/2015 - 11:25am
Goth_SkunkWhat transpired afterwards was a concerted effort to shout down and dehumanize those trying to bring these matters out into the open. I remain utterly convinced of this to this day.08/01/2015 - 11:24am
 

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