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...

 
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Michael ChandraI forget what it is exactly, but there already is another hashtag that some use, exactly to separate themselves from the abusive behaviour. So don't bother lying to me.09/19/2014 - 7:06am
quiknkold2 to 3 or more09/19/2014 - 6:53am
quiknkoldMichael Chandra : I'll say this. The only reason they havent used another hashtag is because it would look like a form of dividing the arguement. Using another Hashtag has come up, and they feel like if they made a new hashtag, it'll split the debate from09/19/2014 - 6:53am
Michael ChandraYou want a debate? Build a wall between you and the poisoned well. Make clear you despise it, despise the behaviour. Then get into the other issues you are troubled with, and don't say a single word again about the poisoned well.09/19/2014 - 3:46am
Michael ChandraAnd someone claiming #notyourshield was to be taken serious, when chatlogs show they wanted it going to hide even more harassment behind? Yeah, not buying a word you're saying. You poisoned your own well.09/19/2014 - 3:45am
Michael Chandraallegedly fired over giving a game a mediocre review and the company threatened to pull ads? Sorry but I ain't buying this.09/19/2014 - 3:45am
Michael ChandraBut people arguing this is horrible and just about ethics, even though there's very little support that journalistic integrity was actually violated here, while they never spoke up when a journalist was09/19/2014 - 3:43am
Michael ChandraIf people start with condemning the way GamersGate was used as a misdirection, then use a better hashtag, that would work in convincing me they mean it.09/19/2014 - 3:43am
Andrew EisenOoo, this one came down to the wire! https://www.kickstarter.com/projects/749082525/nefarious09/19/2014 - 1:03am
Andrew EisenI don't doubt that many are truly interested in journalistic integrity. The problem I'm often seeing is they seem to have no idea how or where to talk about it.09/18/2014 - 11:46pm
Andrew EisenDidn't word that well. Busy at work. I've seen people claim that GamerGate is solely about ethics and transparency in games journalism and then go on to show that what they're really after is silencing those who talk about gender issues in games.09/18/2014 - 11:45pm
Kronodebate. Becaus apparently people who only post on Reddit are supposed to police twitter before they're allowed to question anything about the people involved.09/18/2014 - 10:40pm
KronoI highly doubt many, if any are using journalistic integrity as a cover for harassment. The people harassing are essentially trolls. They aren't interested in subtle. More often it's othe other way around. People use "but X is being harassed" to shut down09/18/2014 - 10:38pm
Andrew EisenAnd exacerbating everything is the fact that all the cries of ethics violations have been obnoxious and easily proven false.09/18/2014 - 8:59pm
Andrew EisenProblem is, I would imagine, the sheer number of people who are using journalistic integrity as a cover for their harassing actions or only bringing it up on the false pretense of journalistic integrity.09/18/2014 - 8:47pm
Andrew EisenHaving said that, I can certainly see how one would be frustrated if they truly just wanted to talk about journalistic integrity and someone said they were one of the people harassing Sarkeesian, Quinn and others (though I've seen no examples of that).09/18/2014 - 8:44pm
KronoThat's been the common refrain, that talk of journalism ethics is just an excuse to harass people.09/18/2014 - 8:44pm
KronoLines like "like a partial compromise with the howling trolls who’ve latched onto ‘ethics’ as the latest flag in their onslaught against evolution and inclusion." are taring everyone questioning the ethics as a harasser.09/18/2014 - 8:43pm
Andrew EisenKrono - Except, none of the articles were talking about gamers complaining about journalist ethics, let alone called them white male misogynists. They were talking about the gamers who were harassing others.09/18/2014 - 8:36pm
Kronomakes plenty of sense. It's rather hard to dismiss someone as a white guy running a sock puppet when they've posted proof they're a woman, or black, or another minority.09/18/2014 - 8:32pm
 

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