Law of the Game Tackles Brown v. EMA Decision

July 11, 2011 -

Mark Methenitis finally delivers a Law of the Game column over on Joystiq that tackles the Brown v. EMA Supreme Court decision. First he apologizes for the delay, then jumps right into the important take-aways that impact the industry and the public.

First he points out that the Supreme Court decision was the "best possible outcome, both for the game industry and for the public at large" and that the opinion "was the most consistent with existing case law and contemporary First Amendment legal theory." In other words, it's a decision that was actually born out of the application of constitutional law and earlier precedents set by the court. He also notes that it was a very good thing that the Supreme court ruled that new types of media - interactive or otherwise - should not be treated any differently than past or current forms of media like books and movies.

Next he talks about obscene content and how the definition has been set for very many years. This excerpt below is pretty compelling on that subject:

"The law in the United States has been pretty well settled on what we consider 'obscene' for quite some time, and the Court's continued stance that those boundaries should not be changed was quite reassuring to the preservation of free speech. To be frank, the Court's discussion of violent content in children's material was more or less perfect, as was the indication that interactivity in media does, to some degree, pre-date the game industry. With this opinion, it seems unequivocal that violent speech, in the Unites States, is simply off the table for regulation at all levels, provided the means of production are not illegal already."

Methenitis goes on to analyze the opinion of Justice Alito and the dissenting views of Justices Thomas and Breyer in great detail. As is the case with Law of the Game columns on Joystiq, this latest edition is thoughtful, in-depth and informative, even if it is a slight bit tardy. You can read the whole thing here.


 
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EA has shuttered Maxis (The Sims, SimCity). Should it keep the Maxis name alive?:

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Goth_SkunkAhh! I misinterpreted your statement about being left with almost every game in existence. I interpreted it as 'If you boycott games he's been involved with, you're boycotting almost all of them.'03/05/2015 - 9:31pm
Andrew EisenGoth - Card has been involved with only a small handful of games so if one were to boycott games for his involvement, they wouldn't be missing out on many games.03/05/2015 - 9:29pm
Goth_Skunk@Craig: Only if you're not interested in seeing it end.03/05/2015 - 9:27pm
Craig R.Instead of calling people the "anti gamergate faction", you could just call them "sane"03/05/2015 - 9:23pm
Goth_SkunkWhat do you mean 'almost every game in existence'? Card is a writer, not a game developer.03/05/2015 - 9:18pm
Andrew EisenBut I too wonder how many people who cry boycott actually follow through. I vaguely remember a few years ago a bunch of people boycotting one of the CoD games and were all found playing it on Steam.03/05/2015 - 7:53pm
Andrew EisenAn interesting quandary but not equivalent as boycotting games that Card was involved with leaves you with... well, almost every game in existence.03/05/2015 - 7:51pm
MechaTama31I agree that it's silly to avoid buying a game because one person involved with it said some things you disagree with. But I wonder how many of the people calling it silly this time have boycotted games for, say, Orson Scott Card's involvement?03/05/2015 - 7:40pm
PHX Corphttp://www.myfoxphilly.com/story/28274296/officer-injured Officer In Critical Condition Following Shooting Inside North Phila Game Stop03/05/2015 - 6:55pm
WonderkarpThe Shutup was a quick interjection saying "HEY! EVERYBODY SHUT UP AND LOOK AT THIS!" and I got the Critical Condition from a Local news site. I linked TMZ.03/05/2015 - 6:49pm
Andrew EisenThey call me The Jaws of Life.03/05/2015 - 6:48pm
Goth_SkunkThat's terrible. Now that it's been noted, can we return to Andrew's amazing steel-tearing teeth?03/05/2015 - 6:42pm
Andrew EisenWell, sucks that that happened and I'm glad he's alright (nothing in the article you linked says he's in critical condition) but there's no need for anyone to shut up.03/05/2015 - 6:41pm
WonderkarpEVERYBODY SHUT UP! Harrison Ford is in Critical Condition After A Plane Crash!! D: http://www.tmz.com/2015/03/05/harrison-ford-plane-crash-landing-golf-course-santa-monica/03/05/2015 - 6:38pm
Goth_SkunkIt ruined my joke about your billionaire lifestyle affording you state-of-the-art dentistry. I longed to see you fill your mouth with steel-tearing jaws.03/05/2015 - 6:32pm
Andrew EisenYep, typos happen. Even on the invoices I send for my freelance work. Yeah, that's always super embarrassing.03/05/2015 - 6:29pm
Goth_Skunk"Steel" your fr- aww crap you fixed it.03/05/2015 - 6:26pm
Andrew EisenReally? Whatever I say? Okay... I'm a handsome, impressively endowed, billionaire genius with a complete set of He-Man action figures and everyone wants to steal my Fruit Loops!03/05/2015 - 6:18pm
PHX Corp@AE I'm still buying Codename S.T.E.A.M. and the New Nintendo 3DS probaly as soon as said game Launches03/05/2015 - 6:16pm
Goth_SkunkWhatever you say.03/05/2015 - 6:15pm
 

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