Illinois Also Looking Closely at Schwarzenegger Outcome

November 11, 2010 -

Add the Land of Lincoln to the list of states following Schwarzenegger vs. EMA in order to see which side emerges a winner.

Earlier this month we told you about a Delaware politician looking to reintroduce anti-videogame legislation if California was to emerge victorious in its Supreme Court fight, now a Daily Herald story lets us know that an Illinois politician is preparing for the same outcome.

In 2005, an Illinois law that would have governed the sale of violent games, championed by then Governor Rod Blagojevich, was eventually declared unconstitutional by a U.S. District Court Judge.

4 comments | Read more

Blogger Hates Violence, Yet is Against California Law

November 11, 2010 -

A discussion between two writers on the Perpetual Post website caught our eye because one of the scribes, even while expressing an aversion to violent videogames, doesn’t think the government should be in the business of limiting a child’s access to them.

In her part of the article, Molly Schoemann says that she “can’t really stomach violence of any kind—even videogame violence,” and recounted a previous experience playing Army of Two in which she was reduced to being “huddled in a pile of rubble,” where she “refused to shoot anyone.”

8 comments | Read more

Two New Opinion Pieces Back Game Industry in SCOTUS Showdown

November 10, 2010 -

Yesterday we highlighted two editorials that backed California in its Supreme Court appeal over a law that would make it illegal to sell minors mature-rated violent games. Today we offer you a pair of views from people backing the game industry in its Schwarzenegger vs. EMA fight.

First up is President of the First Amendment Center Ken Paulson, who took to USA Today to offer his opinion that governing the intake of media should be left to a child’s parents or guardians.

20 comments | Read more

Researcher Ferguson: California Law is “One More Spin of the Moral Panic Wheel”

November 10, 2010 -

Texas A&M International University professor and videogame researcher Christopher Ferguson has penned an editorial for the Sacramento Bee in which he argues that the state of California is acting “irresponsibly” in its push for a law that would ban the sale of adult-rated violent games to minors.

Ferguson, as readers of this site well know, tends to generate research that is more open-minded in terms of the relation between violent games, youth and aggression. As such, his research was featured prominently in the amicus brief (PDF) for Schwarzenegger vs. EMA filed by the Entertainment Merchants Association (EMA) and Entertainment Software Association (ESA).

Should the Industry Embrace or Reject Limbaugh as Game Backer

November 10, 2010 -

Rush Limbaugh recently defended videogames after a caller to his talk show brought up the subject of Schwarzenegger vs. EMA, but is Limbaugh someone that the game industry even wants on its side?

Limbaugh used the case to rail against an over abundance of government and liberalism, asking the caller to “Join me when the government gets involved in all these other behavioral and speech things that they try to tell you and control us we can't do.” He added that he was “glad” that the case was taking place, as it would push these topics (over-governing and liberalism) into the mainstream, alerting people “to what’s happening throughout society.”

34 comments | Read more

Pair of Editorials Back California Law

November 9, 2010 -

Two new editorials appearing online today back California in that state’s Supreme Court fight over a law that would make it illegal for minors to purchase mature-rated violent games.

Writing for the Iowa-based Quad-City Times, columnist L. Brent Bozell argues that requiring a parent to buy such games for their offspring is “hardly shredding the Constitution.” He also infers that the videogame industry is hiding behind the First Amendment in order to stop politicians from “tampering with their sales to minors.”

For the game industry, Bozell writes, “there must be no hurdle for children to go around their parents and grab what Justice Samuel Alito called ‘the most violent, sadistic, graphic video game that can be developed.’”

21 comments | Read more

Your Anti-Game Op-ed of the Day

November 5, 2010 -

The author of an opinion piece appearing in the Pittsburgh Tribune-Review, a piece ostensibly related to the Schwarzenegger vs. EMA Supreme Court case, takes a hatchet to videogames.

Author Jack Markowitz offers, “grudgingly,” that “the Supreme Court will uphold the precious freedom to sell stupid, overpriced electronic games to children.”

Daily Show Offers Take on Violent Game Debate

November 5, 2010 -

Comedy Central’s The Daily Show served up a segment last night offering correspondent John Hodgman’s take on the Supreme Court, Schwarzenegger vs. EMA and banning the sale of violent games to minors in California.

Hodgman, when asked by host Jon Stewart if the Supreme Court should ban violent videogames for children, responded, “No, that’s absurd John.”

He continued, tongue firmly in cheek, “Videogames are a form of expression. They are the novels of the next-generation."

Yee's Reaction to SCOTUS Arguments

November 4, 2010 -

California State Senator Leland Yee is the architect of the law at the center of Schwarzenegger vs. EMA and attended Tuesday’s oral arguments in front of the Supreme Court.

Reacting to the proceedings, Yee’s office issued a statement indicating that the Senator was “pleased” with the discussion in the nation’s highest court, and was particularly taken with the comments of Justice Stephen Breyer, who, Yee said, “… clearly understands the intent and need for our legislation to limit the sale of excessively violent video games to children.”

Yee Continued:

23 comments | Read more

If CA Wins, DE Pol Primed to Introduce Similar Legislation

November 4, 2010 -

A trickle down effect is one of the game industry’s biggest fears if the Supreme Court does eventually rule in favor of California in Schwarzenegger vs. EMA, and one politician, known for her anti-game legislation attempts in the past, is chomping at the bit for just such an opportunity.

Delaware Representative Helene Keeley (pictured), a Democrat, attempted to introduce legislation in 2006 that would have placed violent videogames under her state’s obscenity statute. Her efforts sailed through the House, but failed to pass the Senate.

10 comments | Read more

Word Cloud Illustrates Most Used Terms in SCOTUS Arguments

November 4, 2010 -

Combine relatively new technology with the transcripts from Tuesday’s oral arguments at the Supreme Court for Schwarzenegger vs. EMA and what do you get? A rather interesting word cloud that visually illustrates the most commonly used words throughout the proceedings.

Fast Company analyzed the transcripts and infered by the prominence of words like "obscenity," "know," "whether," and "think" in the cloud that the matter is ultimately philosophical.

Indeed, in looking at the cloud, it is fascinating that the word “think” is represented in larger type than “know.”

Fast Company offered:

| Read more

Tracking the 11 AGs That Backed California in SCOTUS Case

November 3, 2010 -

A total of eleven state attorneys-general backed California in its Schwarzenegger vs EMA Supreme Court run, with ten signing on to an amicus brief (PDF) penned by the eleventh, James “Buddy” Caldwell (pictured), the Attorney General of Louisiana.

Keeping abreast of where these eleven enemies of the game industry are after Election Day could allow us to possibly anticipate what vantage point they might pull off their next attack on videogames and gamers from.

Let’s see where they are now:

Schwarzenegger Mum on Case Bearing His Name

November 3, 2010 -

For a man whose name makes up half the name of a case in front of the Supreme Court, lame duck California Governor Arnold Schwarzenegger has been remarkably silent about Schwarzenegger vs. EMA, a case which saw oral arguments presented in front of SCOTUS yesterday.

A quick look at Arnie’s tweet stream for the last week shows the Governator urging his followers to vote, congratulating the San Francisco Giants for winning the World Series, disclosing how he voted on various state propositions and congratulating his replacement, newly elected former governor Jerry Brown.

10 comments | Read more

Games Take Over Supreme Court

November 2, 2010 -

California Governor Arnold Schwarzenegger signed California Assembly Bill 1179 into law on October 7, 2005, setting off a chain of events that eventually led to today’s oral arguments in front of the Supreme Court, which will ultimately decide whether the First Amendment can stop a state from prohibiting the sale of violent videogames to minors.

Two issues are at stake for the Court to decide: Do violent games for minors fall within a category of speech unprotected by the First Amendment and does California’s ban on the sale or rental of violent videogames to minors satisfy the strict scrutiny test applicable to content-based restrictions on speech?

Arguing for the California side in Schwarzenegger vs. EMA was Supervising Deputy Attorney General Zackery Morazzini, while Jenner & Block lawyer Paul Smith took the lead for the gaming industry.

The entire time allotted for oral arguments—and questions—is one hour.

5 comments | Read more

Attorney Forecasts Supreme Court Decision, Wonders Why It Granted Cert

November 1, 2010 -

Over at Gamasutra, Attorney Greg Boyd has composed a detailed look at the California law at the center of Schwarzenegger v. EMA.  After a brief history lesson concerning what the law says and where it’s been over the last few years, Boyd speculates about how the Supreme Court may eventually rule.

“It would be surprising to the legal community if this case went against all the prior similar cases on content-based regulation. The consensus expectation is that this case will fit with the other state cases on this issue (and the two lower court decisions in California). The preliminary injunction will likely be upheld and the statute will likely be held unconstitutional.”

4 comments | Read more

AIAS Prez on SCOTUS Case: Respect for Yee, “Hard to Fathom” Arnie’s Motivation

November 1, 2010 -

Outgoing Academy of Interactive Arts and Sciences (AIAS) head Joseph Olin, in discussing the Schwarzenegger vs. EMA case with Techland, begins by admitting that he, along with “most of the creative and financial stakeholders of the interactive entertainment industry,” were “mystified” that the Supreme Court decided to grant California's petition for writ of certiorari.

Olin also demonstrates at least a little grudging respect for California State Senator Leland Yee, stating that he doesn’t believe Yee is doing all this as “a grandstand play or because he has designs to be the next governor…”

13 comments | Read more

Limbaugh Backs Videogame Side in Schwarzenegger vs. EMA

November 1, 2010 -

Believe it or not conservative radio host Rush Limbaugh recently came to the defense of videogames during a recent call to his radio show (thanks Kotaku!).

21-year old caller Cory from Waterville, Ohio posed the question to Limbaugh, asking if Schwarzenegger vs. EMA was a “relevant thing that the Supreme Court should ever be even considering.”

Limbaugh, in answering said that since he was 21 years old, he has “been concerned about the infringements on free speech that come from Democrat regimes and courts because I'm in the free speech business.”

Saying that he was "glad" that the case was happening, Limbaugh continued:

31 comments | Read more

Game Developer Argues for Free Speech in Post Editorial

November 1, 2010 -

Game developer Daniel Greenberg (pictured) has authored a Washington Post opinion piece in which he argues that the Supreme Court should rule that videogames are free speech when it eventually rules on Schwarzenegger vs. EMA.

As a game developer, Greenberg called himself “disheartened and a little perplexed” at seeing games compared to cigarettes and alcohol by California State Senator Leland Yee, and he wondered “how government bureaucrats are supposed to divine the artistic value that a video game has for a 17-year-old.”

In describing newer games such as BioShock, Fable 2 and Fallout 3, Greenberg wrote:

Dueling Opinions on Schwarzenegger vs EMA in USA Today

October 29, 2010 -

A pair of opposing editorials appear on the USA Today website, delivering two distinct takes on Schwarzenegger vs EMA.

Common Sense Media CEO James Steyer penned a piece opposing the game industry, stating that the showdown “pits the profits of a multibillion dollar video game industry against the best interests of kids.”

Steyer, whose organization backed California with an amicus brief of its own (PDF), went on to cite American Academy of Pediatrics research to back his choice of sides, research which “declared the connection between game violence and aggression nearly as strong as the medical association between cigarettes and lung cancer.”

VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle Creativity

October 28, 2010 -

As we inch closer to Tuesday, when oral arguments in Schwarzenegger v. EMA will be presented in front of the Supreme Court, one videogame industry lawyer discussed the impact, in his opinion, a win for California in the case might have on the industry.

Reed Smith LLP’s Patrick Sweeney, council for the firm’s Corporate and Securities Group and specializing in videogames, was quoted in Industry Gamers as stating about a game industry loss in the case, “Certainly less games would be produced and there would be a corresponding job loss.”

Sweeney, continuing, stated that the influence of such a legal defeat could be even deeper:

22 comments | Read more

Students Grant Win to Game Industry in Schwarzenegger Case Sim

October 26, 2010 -

Students at the California Western School of Law (CWSL) staged a simulation of the Schwarzenegger vs. EMA case last week and ultimately, issued a ruling in favor of the game industry.

CWSL Professor Glenn Smith, organizer of the event (pictured), discussed with GamePolitics the unique approach he and his students adapted for the simulation—each student assigned to play the role of a Supreme Court Justice conducted “substantial research” into a particular judge’s past case decisions, writings and speeches in order to more effectively immerse themselves into the role.

Supreme Gamers?

October 26, 2010 -

While it may be difficult to imagine a Supreme Court Justice picking up a controller for a jaunt through Postal II, during the course of actions surrounding Schwarzenegger vs. EMA such a scenario is not totally out of the realm of possibility, at least according to the lawyer who will present the videogame industry’s side in front of the nation’s highest court next week.

In a story on the Schwarzenegger vs. EMA case appearing on the American Bar Association’s (ABA) website, it was noted that California submitted a DVD to the Supreme Court that featured five minutes of violent videogame footage, with the hopes that such footage would bolster its case. The game industry chose to submit a DVD with a “more diverse array of action,” including scenes from titles like Medal of Honor and Tom Clancy’s Rainbow Six.

7 comments | Read more

Guest Column: ECA General Counsel Outlines Road Ahead for Schwarzenegger Case

October 25, 2010 -

With all of the interest around the violent video game case, Schwarzenegger v EMA, we get questions daily on the process, the case, the legal principals, our amicus brief, others’ briefs, and what is going to happen on the day of oral arguments and beyond. While we hope that the following information will shed some light on the oral argument process, we also routinely refer folks to the Supreme Court website, as well as to relevant articles on GamePolitics.

Yee “Hopeful” for SCOTUS Win

October 25, 2010 -

As the case surrounding a law he originally authored makes its way to the Supreme Court next week, California State Senator Leland Yee issued a handful of comments related to what will eventually be a landmark decision for gamers.

The Court will, of course, hear oral arguments for Schwarzenegger v EMA on Tuesday, November 2 at 10:00 AM.

Yee said he was “hopeful” that the Court would give “parents a valuable tool to protect children from the harmful effects of excessively violent, interactive video games.”

Yee additionally claimed that SCOTUS has "often ruled" in favor of protecting kids and limiting their access, citing topics such as "pornography, gambling, marriage, firearms, jury duty, tobacco, alcohol, voting, abortion, licenses, and the death penalty" as examples.

Yee continued:

Americans for Limited Gov President Backs Industry in SCOTUS Fight

October 21, 2010 -

The President of the Americans for Limited Government (ALG) organization is against the California law at the center of the Schwarzenegger vs. EMA Supreme Court case.

Bill Wilson’s editorial on the subject states that the onus for such enforcement should fall to parents, not the government, an unsurprising sentiment perhaps, given the name of the organization he heads up.

Wilson notes that the law would be so easy to get around that “its unenforceability teaches a terrible lesson to kids: That certain laws may be disregarded.” He adds, “That is a worse message than anything learned from the games. It is one that undercuts respect of all other law.”

The editorial continues:

17 comments | Read more

Jaffe: Facts Will Impact SCOTUS Decision, Not Petitions

October 21, 2010 -

Eat Sleep Play chief David Jaffe, while appreciating and supporting the “emotion” that has gamers signing petitions and contacting representatives in the face of Schwarzenegger vs. EMA, thinks that such tactics are “pointless and naïve.”

Jaffe view is that the Supreme Court isn’t a democracy and does not rule based on “a vocal majority- let alone a vocal minority like gamers and other media folks.”

Therefore, “none of our views on this will matter one bit” and "... it just seems like a big exercise to make people feel like they are making a difference..."

Jaffe’s full (and unedited) comment (thanks VG247):

11 comments | Read more

SCOTUS Case Could Cause “Supreme Jeopardy” for Amusement Biz

October 20, 2010 -

The trade publication Vending Times has published an opinion piece about the upcoming Schwarzenegger vs. EMA Supreme Court case, saying that a win for the state of California could give politicians more power to eradicate the U.S. amusement industry.

12 comments | Read more

PTC Wants You to Thank AGs That Supported California

October 19, 2010 -

The Parents Television Council (PTC) is urging its ranks to thank attorneys-general from the states that supported the California side in the Schwarzenegger vs. EMA case now before the Supreme Court.

The PTC’s website features the mailing and email addresses for AGs from Connecticut, Florida, Hawaii, Illinois, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Texas and Virgina in order to make the process easier.

But what if you don’t live in one of the aforementioned states? The PTC then would urge you to “please write to thank California Governor Arnold Schwartzeneggar and California State Senator Leland Yee for creating and supporting this law.” Lee especially might appreciate such correspondence, as he, “in particular has come under attack from the videogame industry.”

Op-Ed Focuses on Retail Implications of Schwarzenegger Case

October 18, 2010 -

Entertainment Software Association (ESA) chief Michael Gallagher, along with Michigan Retailers Association (MRA) CEO James Hallan, took to the Lansing State Journal website for an opinion piece outlining the Schwarzenegger vs. EMA Supreme Court battle could impact retailers.

The piece states that the “misguided” California law—which contains “subjective and indefinite language” in relation to what would constitute an offensive game—is “particularly concerning for retailers,” because “the retail industry has already taken giant strides toward ensuring that violent videos do not end up in children's hands.”

According to the opinion piece, the “vague law” could be trouble for retailers because:

PTC Compares Game Industry Groups to Thugs

October 18, 2010 -

The Parents Television Council (PTC) has a short editorial up on its site in which the organization defends the California law at the heart of Schwarzenegger vs. EMA, claiming that the videogame industry has “resorted to half-truths to try to make its point.”

As far as the law restricting First Amendment rights, the PTC says it “does no such thing,” but “merely prevents the most objectionable content from being sold directly to children.”

Do children also have a "right" to purchase cigarettes and alcohol? Of course not! If the law prevents children from directly purchasing other types of material that is inappropriate or harmful for them, why shouldn't parents be able to rest easy knowing their child won’t be able to buy ultra-violent games without their permission?

37 comments | Read more

 
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IronPatriotDocMelonHead, do you also acknowledge that the gamergate accusations of bad "ethics in journalism" against them have been proven false? Thus making gamergate's "journalism ethics" claim about them a sham and a fraud?05/29/2015 - 1:53pm
IronPatriotDocMelonhead, you "acknowledge that Wu, Quinn, and Sarkeesian, been harassed way before the creation of the hashtag" but do you acknowledge that gamergate is WRONG to carry out the massive campaign of harassment against them?05/29/2015 - 1:50pm
IronPatriotWonderkarp, it is good to hear you say that gamergate's massive harassment campaign is wrong. That is a long way from when all you would condemn them for is being "misguided and unfocused"05/29/2015 - 1:45pm
WonderkarpSo what are we all playing this weekend? I'm planning on splitting it between Splatoon and Witcher 3. Though I might stream Drakengard 3. I try to stream Games other people arent playing.05/29/2015 - 1:45pm
IronPatriotDocMelonhead, I do not think it is fair to blame the fraud of gamergate on conservatives just because some far-right, anti-feminist 4channers used harassment as a tool against women. Plenty of conservatives are just as appalled at gamergate as most people05/29/2015 - 1:30pm
IronPatriotThanks, James, for speaking out against the personal attacks. It will be good to see factual discussion.05/29/2015 - 1:25pm
Matthew Wilsonhttps://twitter.com/austin_walker/status/604278507632386048 giantbomb got a new hire this will be interesting. I never heard of him.05/29/2015 - 1:17pm
Wonderkarpdespite my feelings for Sarkeesians work, nobody deserves the kind of crap hurled at her.05/29/2015 - 12:52pm
Wonderkarpment there was plenty of Greninja to go around. and I know my brother get his Ness.05/29/2015 - 12:51pm
Wonderkarpso I went Amiibo shopping today. Scored Greninja, Wario, Pacman, Charizard, and the two Inklings. From what I understand, Target is already sold out of Jigglypuff and its once again a mad house. TRU had a great "Buy only 1 of each character" Rule that05/29/2015 - 12:50pm
DocMelonheadHell, I even have an account at BoingBoing, and even they are Anti-GamerGate.05/29/2015 - 12:49pm
Andrew EisenEZK - There's also this Portal short film making the rounds. Some laudable production value but personally I think it's absolutely terrible as a short. https://www.youtube.com/watch?feature=player_embedded&v=Z32T7tpgOdk05/29/2015 - 12:48pm
james_fudgeno apologies needed. Let's just all try to avoid the personal attacks05/29/2015 - 12:43pm
DocMelonheadI also do acknowledge that Wu, Quinn, and Sarkeesian, been harassed way before the creation of the hashtag, and may as well be harassed after the hashtag been dead; This will go on as long as Cyberbullying remains to be a thing.05/29/2015 - 12:43pm
WonderkarpI'm not going to talk about GamerGate much, if at all, except for maybe "Current Happenings" as I said down below. Things I can verify. Vince McMahon himself said Twitters the new Word of Mouth05/29/2015 - 12:43pm
DocMelonheadAnd Yes, I agree that GamerGate's another cover for the ongoing Cultural Warfare between the Conservatives and the progressives.05/29/2015 - 12:40pm
DocMelonheadstill, I should one again apologized for the personal attack on IP, it's just that it's possible to sympothize with bigots regardless of their actions.05/29/2015 - 12:38pm
WonderkarpI am no longer going to engage in any "Heated Arguements". Its stupid. Just discussion. I can easily quote Robert Downey Jr from Tropic Thunder on my actions yesterday, but I wont. again, I apologize. 05/29/2015 - 12:35pm
WonderkarpFudge, Mecha, I need to apologize for my behavior yesterday. It was childish, pathetic, stupid, and petty. I'd like to blame it on lack of sleep but yeah. I'm not. I was an [SELF REDACTED].05/29/2015 - 12:34pm
Wonderkarpthe current cartoon is awesome. I'm loving it alot.05/29/2015 - 12:32pm
 

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