Did Minnesota Negotiate Away Taking Its Video Game Law to the Supreme Court?
Did Minnesota Negotiate Away Taking Its Video Game Law to the Supreme Court?
July 1, 2008
As GamePolitics reported yesterday, the ESA announced that Minnesota would reimburse $65,000 in legal fees to the video game industry over the state's failed 2006 "fine the buyer" video game law.
In our coverage, we mentioned that the move apparently signalled that Minnesota would not be taking the case before the U.S. Supreme Court, its only remaining legal recourse. We've got a call into the office of Attorney General Lori Swanson (left) on the Supreme Court issue, but Finance & Commerce now seems to have nailed that part of the story down:
Attorney General Lori Swanson’s decision not to appeal to the U.S. Supreme Court was “practical,” according to spokesman Benjamin Wogsland, who pointed out that the nation’s highest court takes “less than 1 percent of discretionary cases every year.”
But Paul Smith, an attorney representing the [video game industry] plaintiffs, said Monday that the state decided not to pursue the case further because of a deal that would require the attorney general’s office to pay a reduced amount in fees owed to plaintiff’s lawyers. Smith could not say what the reduced amount was, though a court filing from May 19 shows that the plaintiffs’ lawyers were owed nearly $84,000. Woglsand did not return calls Monday.
GP: If Paul Smith is correct, Minnesota essentially bargained away - for $19,000 plus future legal fees - its opportunity to take its argument before the U.S. Supreme Court. Given all that the state had already invested in the case, that would seem a rather curious decision.
It would have been fascinating - and, yes, risky - for the Supreme Court to consider a video game law, especially given Justice Antonin Scalia's comments to Law of Play blogger Anthony Prestia that game legislation might be constitutional.
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Posted 03/21/10 at 06:23pm
Andrew Eisen: No, I think I'll stay safe and warm in my own little world where Provolone is king and that... other cheese... doesn't exist.
Andrew Eisen: No, I think I'll stay safe and warm in my own little world where Provolone is king and that... other cheese... doesn't exist.
Posted 03/21/10 at 06:22pm
JDKJ: I wish the Speaker would ask me for what purpose does the member rise.
JDKJ: I wish the Speaker would ask me for what purpose does the member rise.
Posted 03/21/10 at 06:18pm
JDKJ: Provolone?! Please! Try aged Blue Stilton. Also known as Zippy Ass-Crack Cheese.
JDKJ: Provolone?! Please! Try aged Blue Stilton. Also known as Zippy Ass-Crack Cheese.
Posted 03/21/10 at 06:13pm
Andrew Eisen: Nothing beats Provolone.
Andrew Eisen: Nothing beats Provolone.
Posted 03/21/10 at 06:11pm
JDKJ: Betcha my cheese beats your cheese.
JDKJ: Betcha my cheese beats your cheese.
Posted 03/21/10 at 06:09pm
Andrew Eisen: I don't know, I can count pretty high with my graphing calculator. It's a TI-86!
Andrew Eisen: I don't know, I can count pretty high with my graphing calculator. It's a TI-86!
Posted 03/21/10 at 06:07pm
JDKJ: There'll be more dead babies than you can count if the socialists succeed in passing that God-damned Obamacare!!
JDKJ: There'll be more dead babies than you can count if the socialists succeed in passing that God-damned Obamacare!!
Posted 03/21/10 at 06:04pm
Andrew Eisen: Hmm, top 10 child deaths in film. What a great blog post that would make! If I had a blog. And if that hadn't been done a million times before.
Andrew Eisen: Hmm, top 10 child deaths in film. What a great blog post that would make! If I had a blog. And if that hadn't been done a million times before.
Posted 03/21/10 at 06:03pm
JDKJ: Whoa! It's some rotten blue cheese, too.
JDKJ: Whoa! It's some rotten blue cheese, too.
Posted 03/21/10 at 06:00pm
JDKJ: *sighs and smiles* I just cut some cheese.
JDKJ: *sighs and smiles* I just cut some cheese.
Posted 03/21/10 at 05:58pm
Andrew Eisen: Well, just so there's no confusion: implied deaths won't get you to the top of my favorite child-deaths list.
Andrew Eisen: Well, just so there's no confusion: implied deaths won't get you to the top of my favorite child-deaths list.
Posted 03/21/10 at 05:58pm
JDKJ: Most authorities hold that "cut the mustard" mutates and derives from "cut the muster."
JDKJ: Most authorities hold that "cut the mustard" mutates and derives from "cut the muster."
Posted 03/21/10 at 05:56pm
Andrew Eisen: Checked the dictionary. I guess you could cut one definition of muster.
Andrew Eisen: Checked the dictionary. I guess you could cut one definition of muster.
Posted 03/21/10 at 05:56pm
JDKJ: Don't take my word for it. Look it up yourself.
JDKJ: Don't take my word for it. Look it up yourself.
Posted 03/21/10 at 05:55pm
Andrew Eisen: Cut the muster? That wouldn't make a lot of sense. You could pass it sure but cut it?
Andrew Eisen: Cut the muster? That wouldn't make a lot of sense. You could pass it sure but cut it?
Posted 03/21/10 at 05:53pm
JDKJ: As in: "Zippy always cuts the cheese but he never cuts the muster."
JDKJ: As in: "Zippy always cuts the cheese but he never cuts the muster."
Posted 03/21/10 at 05:51pm
JDKJ: And I believe the expression is more properly "cut the muster," not "mustard." Not to be confused with "cut the cheese."
JDKJ: And I believe the expression is more properly "cut the muster," not "mustard." Not to be confused with "cut the cheese."
Posted 03/21/10 at 05:48pm
JDKJ: I kinda like the way it's left to the imagination. Like the shower scene in Hitchcock's Psycho.
JDKJ: I kinda like the way it's left to the imagination. Like the shower scene in Hitchcock's Psycho.
Posted 03/21/10 at 05:46pm
Andrew Eisen: A flying shoe doesn't quite cut the mustard. If it was shot like a similar scene in Bride of Chucky, Gage's death would rank a lot higher.
Andrew Eisen: A flying shoe doesn't quite cut the mustard. If it was shot like a similar scene in Bride of Chucky, Gage's death would rank a lot higher.
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Comments
I'm going to take this one and be thankful. Saves tax dollars in the long run, and despite the missed opportunity to see the Supreme Court rule on VG legislation...we won't have to see the Supreme Court rule on VG legislation.
Frankly I'm kinda glad it didn't go to the Surpeme Court yet, with its recent 5-4 ruling on keeping the second amendment in Washington DC...If the 2nd amendment came close to being restricted, what's stopping the 1st from the same treatment?
Keep in mind that what Scalia said was just a maybe. If presented with all the information he may decide otherwise. Also, regardless of his stance, he's only one of many Justices.
-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson
So what about all the tax payers who had their money wasted? (New York, your next)
----
Papa Midnight
http://www.otakutimes.com
http://www.thesupersoldiers.com
I imagine it was an exercise in damage limitation. They had already blown a large amount of money on this futile effort, bringing it to the Supreme court would have just extended the whole thing, costing them even more in attorneys fees.
So Scalia thinks regulating real guns is unconstitutional but regulating virtual guns is a-ok. Unsurprising, but still irritating.
We need to gut shrubs cronies in the supreme court... I'd rather have those that follow the spirit of the law and the rights we hold dear than big biz shills who get there rocks off playing ultra fundie...............
I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)
This strikes me as a rational decision. If they had petitioned for the Supreme Court to hear the case, it is a near certainty that the Court would decline. Aside from the statistical infrequency of cases being accepted, this one presents very few of the circumstances that the Court looks for when it decides whether to accept the case (I count only one: that it pertains to a constitutional rule of broad application). Given that it would almost certainly never be heard by the Court, this settlement is like free money.
I'm all for freedom of ttnet vitamin speech and allowing rent a car game makers to put whatever they want in games, but there's one thing about this app that has me scratching my head. Correct me if I'm wrong, but from araç kiralama the previous article araba kiralama on this I gathered that players can use Google maps in-game to find the other (real-life?) dealers in their area. If this is the case, has travesti anyone considered what's stopping someone from using this app to actually move drugs between hands for reals?
But majority araba kiralama of their outrage araç kiralama stems from what it could DO TO children, not the content itself. Talk to one of these people and you'll find they don't think any books kiralık araba should be banned from children. Mention American Psycho and they talk about kiralık araç the redeeming value of using imagination to construct a story. Reading, no matter what the content, is largely viewed as a consequenceless activity for people of any age. The reason why I mention American Psycho is because of the content itself. Gaming never has and likely never will have any scenes where someone has sex with a severed head. Not gonna happen. Yet despite this, they'll fight tooth and nail to protect their children from two boys kissing in Bully but whatever they read is harmless... yeah.
The entire arguement is kiralık oto based upon a social normality inflicted by luddites who can't figure out the controls for Halo so it's frightening and terrifying and obviously the cause of youth violence on the rise even though, in reality, it's in decline (which is actually a HUGE suprise given minibüs kiralama the economies status). In a perfect world, we would have parents that actually parent. The idea of sales restrictions on media on oto kiralama any form to accomidate parental unwillingness to get involved with their child's life is the real problem to me. Here I am, 32 years old, and being held up at a self-scan rent a car needing to show ID before I can buy a $10 M rated game all because Soccer Momthra can't be bothered to look at the crap Billy Genericallystupidson does in his free time. It's too hard for her, so I have to suffer?