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

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
E. Zachary KnightSleaker, How is that different from every other credit card company targeting high school and college students?07/30/2014 - 1:40pm
Sleaker@EZK - I think some people are concerned beacuse it's a predatory technique targetted toward younger people that don't understand on top of offering the worst interest rates of any retailer around.07/30/2014 - 11:33am
MaskedPixelantehttp://www.joystiq.com/2014/07/30/europe-gets-long-detained-shin-megami-tensei-4-at-cut-price/ "Sorry you had to wait a year for SMT4, would a price cut make it sting less?"07/30/2014 - 10:29am
NeenekoI would hope not. Though it is not unheard of for store specific cards to be pretty good.07/30/2014 - 8:17am
E. Zachary KnightDoes anyone, or at least any intelligent person, expect a retail branded credit card to be anything close to resembling a "good deal" on interest rates?07/30/2014 - 7:13am
SleakerGamestop articles popping up everywhere about their ludicrous new Credit card offerings at a whopping pre-approval for 26.9% APR07/29/2014 - 10:19pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/07/podcasting-patent-troll-we-tried-to-drop-lawsuit-against-adam-carolla/ the podcasting patent troll scum is trying to turn tail and run.07/29/2014 - 9:50pm
MaskedPixelanteOf course it's improved. At launch, Origin was scanning your entire hard drive, but now it's just scanning your browsing history. If that's not an improvement, I dunno what is!07/29/2014 - 8:59pm
Papa Midnighthttp://www.escapistmagazine.com/articles/view/video-games/columns/experienced-points/12029-Has-EAs-Origin-Service-Improved-Any-Over-the-Last-Two-Years07/29/2014 - 8:25pm
Sora-ChanSo it's just a matter of having better emulation software. If it can be done with a 3DS game, with all the memory and what not it takes up, it can be done with a GBA title through emulation.07/29/2014 - 7:30pm
Sora-ChanOther VC titles for the NES and Gameboy had the same setup where you couldn't access the homescreen without quitting out of the game til a later update when those games were released for the public outside of the founder program.07/29/2014 - 7:28pm
Sora-Chanthe 3DS can, and does, run GBA games, as seen by the founder gifts, which included a number of GBA titles. As for running GBA games and still having access to the home screen, I beleive it's more of the game emulation software needs to be updated.07/29/2014 - 7:27pm
Matthew Wilsonthe 3ds already swaps os's with the original ds. plus I dont think people expect miverse interaction when playing a gba game.07/29/2014 - 6:06pm
MaskedPixelanteBut that's not the issue, the 3DS is perfectly capable of emulating GBA games. The problem is that it doesn't have enough available system resources to run it alongside the 3DS OS, and thus it doesn't have access to stuff like Miiverse and save states.07/29/2014 - 5:45pm
Matthew WilsonI am well aware that it requires more power, but if a GBA emulator could run well on a original psp, than it should work on a 3ds.07/29/2014 - 5:36pm
ZenThe reason the SNES could run Gameboy, or the Gamecube could run GBA was because their adapters included all of the necessary hardware to do it in the respective add-ons. The systems were just conduits for control inputs and video/sound/power.07/29/2014 - 4:51pm
ZenMatthew: Emulation takes more power than people realize to run a game properly. You can make something run on less, but Nintendo...as slow as they are at releasing them..makes them run as close to 100% as possible. Each game has its own emulator for it.07/29/2014 - 4:47pm
Matthew Wilsonkind of hard to believe since the 3ds is atleast as powerful as the gamecube hardware wise.07/29/2014 - 4:27pm
MaskedPixelanteYes, the 3DS has enough power to run 16-bit emulators, but not at the same time it's running the 3DS systems themselves. You could run the games, but you wouldn't get save states or Miiverse.07/29/2014 - 4:04pm
InfophileRunning GBA on 3DS shouldn't be hard. The DS had flashcarts sold for it that added just enough power to emulate GBA and SNES games, so the 3DS should have more than enough natively.07/29/2014 - 3:37pm
 

Be Heard - Contact Your Politician