Paul Smith and Gaming the Courts

August 4, 2011 -

Metro weekly profiles Paul Smith, one of the leading Supreme Court litigators in the country, and particularly his noteworthy work on Brown v. EMA. But before tackling that landmark case, Smith has (and still does) fought to advance gay equality in the courts. Smith was a key factor in successfully arguing Lawrence v. Texas before the Supreme Court in 2003, which resulted in ending sodomy laws.

Smith began his work on technology issues with a prominent First Amendment case involving the Communications Decency Act or, Reno v. ACLU. The law required "all communications on the Internet, even like email, to be suitable for young children unless … screened away from children." The law "was thrown out by the Supreme Court ultimately unanimously in 1997." Smith has spent most of his career arguing against similar regulations including those applying to video games.

The Reno case, caught the attention of the video game industry, and saw him arguing cases for the video game industry for about 10 years all around the country - including the case decided earlier this year, Brown v. Entertainment Merchants Association.

"States and cities have tried to pass laws limiting which games can be sold to minors based on their content," says Smith. "Our position has always been, 'there's a ratings system, and people should be able to make choices about these things themselves.' It's not obscenity, it's protected speech."

"And we had always succeeded in having the laws thrown out under the First Amendment, including in California, which is the case that went to the Supreme Court," he continued. "The alarming moment was when they took the case at the Supreme Court. There was no apparent reason why they should."

"But it led to quite a First Amendment confrontation...which had the attention of not just the video game manufacturers, but the moviemakers and the television producers and all sorts of people who were worried that we were suddenly going to have a new exception to the First Amendment for violence and kids."

"But it didn't turn out that way," Smith added.

Smith's advocacy for free speech and gay rights will continue, but gamers are in his debt for his work on Brown v. EMA.

Metro Weekly is a Washington, DC area publication that covers issues and people important to the gay and lesbian community. It has been in operation since May 1994.


Comments

Re: Paul Smith and Gaming the Courts

He's a legal genius, and now a hero to the video game community.  Hats off to you, Mr. Smith, for protecting free speech.

Re: Paul Smith and Gaming the Courts

But he promotes sodomy and wants kids to have access to violent games!!

I'm making this up but I bet some pundits say so to similar effect...

 
Forgot your password?
Username :
Password :

Poll

Will Code Avarice's Paranautical Activity make its way back onto Steam?:

Shout box

You're not permitted to post shouts.
hidannikI wrote something about Hatred here: http://gamepolitics.com/2014/10/20/super-podcast-action-committee-episode-11910/26/2014 - 4:17am
hidannikI just looked in the forums. Whoa. Is there anything there but spam?10/26/2014 - 4:16am
MechaCrashHey Neo, that bit with "he instigated it"? That is called victim blaming. Stop it.10/25/2014 - 11:05pm
KronoAnd a rebuttal to that article: https://medium.com/@cainejw/an-actual-statistical-analysis-of-gamergate-dfd809858f6810/25/2014 - 9:42pm
Technogeekhttp://www.newsweek.com/gamergate-about-media-ethics-or-harassing-women-harassment-data-show-27973610/25/2014 - 8:54pm
TechnogeekAnd speaking of harassment and Gamergate, Newsweek had a social media analytics company analyze the hashtag in the interest of finding out what the movement was really about. The results should surprise absolutely nobody at this point.10/25/2014 - 8:54pm
Neo_DrKefkaI was called a traitor for speaking out on harassment and I was put on a list for people on twitter to mass report me. Only GamerGate site that has come out of this that has been reputable would be TechRaptor. 2/210/25/2014 - 7:09pm
Neo_DrKefka@Neeneko The reason why I ended my support of #GamerGate was the fact KingofPol (The guy who was sent the knife) ended up saying crap about those with autism. At this point I confronted the community and some big wig writers on the #GamerGate side. 1/210/25/2014 - 7:08pm
NeenekoIt would also mean they have to confront that the sites already mostly cater to them and wiping that small percentage of otherness just does not justify new sites.10/25/2014 - 6:55pm
Neeneko@ quiknkold - problem is it has never been about freedom, it is about dominance, ownership, and priviliage. women and minorities should be the ones leaving and creating their own spaces, not them!10/25/2014 - 6:54pm
Neo_DrKefka@Mecha I hear you about KingofPol this is a guy who is using GamerGate to boost his career. Most of his streams are crap about him talking about him being drunk. What happened to him was wrong but it doesn't change the fact he has instigated much of this10/25/2014 - 5:40pm
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
 

Be Heard - Contact Your Politician