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 Target Australia sell the next GTA game upon its release?:

Shout box

You're not permitted to post shouts.
Goth_SkunkLike most MMOs, TERA *really* starts at the end-game. The majority of players have reached the level cap, and new players have a hard time finding others around their level to party up with.08/01/2015 - 4:49am
MattsworknameAndrew: Im not sure Im the one to be explainging this really, Im not sure im articulating it right07/31/2015 - 9:20pm
Big PermI got to around 30 in tera before giving up. I liked my sorc, but I need better motivation to grind07/31/2015 - 9:14pm
Andrew EisenAh TERA. I made a video about TERA censorship. One of my more popular ones. https://www.youtube.com/watch?v=AO26h9etTbw07/31/2015 - 8:52pm
Goth_SkunkI've been playing TERA all day. Just took a break to barbecue some chicken. :3 And Andrew: I'm using Cabal to suggest a group of people secretly united in some private views or interests within a community.07/31/2015 - 8:50pm
Andrew EisenI'd love to but I'm at work. But once I get home... I'm going to work out for a while. But after THAT... I'm going to shower. Then eat. Then prep tomorrow's meals. And THEN play video games! YEAH!!!07/31/2015 - 8:38pm
Big Permlol, ya'll are still going back and forth? Take a break and play some video games07/31/2015 - 8:37pm
Andrew EisenGoth - Are you using "cabal" to describe a group of writers or to suggest they all worked together in secret to publish those articles?07/31/2015 - 8:30pm
Andrew EisenMatt - That doesn't disprove the general premise of the various articles as that's not what they're about. Unless, again, he's talking about a different batch of articles.07/31/2015 - 8:28pm
Goth_SkunkThe difference between one voice being offensive and a cabal being offensive.07/31/2015 - 8:22pm
MechaCrashFunny how "you're offended, so what" flips into "we're offended, retract everything and apologize."07/31/2015 - 8:18pm
MattsworknameIts not the only argument he points out ,its just one of them07/31/2015 - 8:06pm
Mattsworknameidea that Gamers as the articel puts it, the "White male sterotype are dead, essentially was compltely false07/31/2015 - 8:03pm
MattsworknameThe video actually shows that the shaw study actually disproves the Premise of the artices by showing that the "Gamer" dentity, has no actual meaning to thsoe who use it other then "I play games", its not connected to race, gender, or orientation. So the07/31/2015 - 8:01pm
Andrew EisenWith the exception of a brief mention in Golding's Tumbr post. Even so, he's talking about gamer identity, not desire for diversity in gaming.07/31/2015 - 7:50pm
Andrew EisenI'm not calling his examination of the Shaw study into question. I haven't read the study nor seen his video. All I'm saying is that it has nothing to do with the Gamers Are Dead articles I've been referencing for the last year.07/31/2015 - 7:49pm
MattsworknameSome times sargon just goes off on tangents but in this case he was pretty direct and went through teh research in detail, did the whole first video about the shaw study itself07/31/2015 - 7:45pm
Andrew EisenWell, unless it's disingenuous twaddle but I like to give people the benefit of the doubt.07/31/2015 - 7:42pm
Andrew EisenGotta be. The argument you describe makes no sense otherwise.07/31/2015 - 7:40pm
MattsworknameThat is a possibility, they looked like offical articles but its possible they are different from the articles you mentoin07/31/2015 - 7:28pm
 

Be Heard - Contact Your Politician