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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Big PermFrom what I've heard (and obviously I could be wrong here), but I hear even setting it to "0" in the registry will only change to "1" or "Basic" collection. I'll try to find the article I got this from08/04/2015 - 11:40am
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PHX Corphttps://twitter.com/JimSterling Jim Sterling's commentary of the Xbox Gamescom event08/04/2015 - 9:34am
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Big PermCan you set youtube to load subs instead of recommendations first?08/04/2015 - 8:54am
MonteI've had mostly good experience with Youtube recommendations... only problem is when i watch a certain video that messes it up and gets me reconmendations i don't want. Though all i have to do is remove said video from my history to fix it08/04/2015 - 8:42am
Big PermYoutube wants me to watch Nicki Minaj videos. I am ok with this. Dat mute tho08/04/2015 - 7:48am
IvresseIronpatriot: I think it's fair to say that even anti-gamergaters want you to just shut the hell up...08/04/2015 - 7:27am
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Andrew EisenOff to bed. Play nice.08/04/2015 - 2:53am
Andrew EisenNo worries. Yeah, it's the pits. It's like "How many times do I have to tell you I'm not interested in this producer's work before you stop recommending his videos to me?!"08/04/2015 - 2:53am
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