First Amendment Expert Rips California's Violent Video Game Law

July 14, 2009 -

A veteran First Amendment attorney has ripped California's 2005 violent video game statute along with Gov. Arnold Schwarzenegger, who signed the measure into law.

As GamePolitics has extensively reported, in May California petitioned the U.S. Supreme Court to review lower court rulings which held that the measure is unconstitutional. The Court is expected to announce its decision in the fall.

Broadcasting & Cable reports on criticisms of the California law penned by Robert Corn-Revere (left):

In 2009, the killer cyborg turned governor has materialized in the present from the past in a plot to undermine the First Amendment.

In seeking review, California is asking the Supreme Court to reverse 60 years of First Amendment jurisprudence and to hold that 'excessively violent' material-whatever that may be-'deserves no constitutional protection.' It is also asking the Court to relieve government from actually having to demonstrate the purported harmfulness of speech it seeks to regulate, but instead to defer to "reasonable inferences" and legislative judgments.

If California is successful, it will open the door to regulate not just video games, but a wide range of speech that is currently protected under the First Amendment.


Comments

Re: First Amendment Expert Rips California's Violent Video ...

Looks like I'll have to take a page from sortableturnip's book and post a picture:

Re: First Amendment Expert Rips California's Violent Video ...

Yay for the constitution! Sometimes I feel people are always trying to change it for their own purposes. I mean, how can you misread such a clear document?

Re: First Amendment Expert Rips California's Violent Video ...

I find it unusual that California, a state governed by a man who wouldn't BE the governor were it not for exactly the kind of media he now seeks to legislate, should be doing this 'in the name of the children' whilst, at the same time they are cutting funding to education to save money.

The best tool you could hope to give your children in this day and age is a good education, is Schwarzenegger to have us believe that Video Game legislation is more important in the fight against gang/drug culture than education is?

Re: First Amendment Expert Rips California's Violent Video ...

Yeah man people shouldn't have to back up their reasoning for banning things or demonstrate that the whole premise the law is built around is even true. That would require you know work, and facts.

----------------------------------------------------

Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

---------------------------------------------------- Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Re: First Amendment Expert Rips California's Violent Video ...

If california's appeal is rejected the War against video games would be considered done and over(somewhat)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: First Amendment Expert Rips California's Violent Video ...

Really? They're not going to give up that easily I don't think.

Re: First Amendment Expert Rips California's Violent Video ...

Exactly what does someone have to do to be called a "First Amendment Expert"?  That title seems to be kind of nebulous...

Re: First Amendment Expert Rips California's Violent Video ...

Unlike some who hold themselves out to be “expert” in free speech law, Bob Corn-Revere is widely recognized and respected as an expert by his peers in the First Amendment bar.

Corn-Revere has represented CBS in the litigation over the network’s airing of the Super Bowl half-time show where Janet Jackson had her infamous “wardrobe malfunction” and in the “fleeting expletives” case. He also represented Playboy in a case that established that cable television is protected by the First Amendment and overturned requirements that Playboy Television either fully scramble its signal or restrict its programming to late night hours.
 
Additionally, he has taught communications law, is a co-author of a legal treatise – Modern Communications Law, and has served on the boards of numerous respected free speech organizations.

Re: First Amendment Expert Rips California's Violent Video ...

Most likely have a law degree, with extensive studying of constitutional law and then building a carrier specifically around the first amendment; such as representing and consulting clients on first amendment issues for years and years and doing a good job at it... you become an "expert" based on your knowledge and SUCCESSFUL experience with the subject (as in your stance is the one matched by the constitutional courts)... if your not successful, then it's indication that your knowledge is lacking... ofcourse that won't stop jackasses from claiming to be experts

It's more or less how anyone becomes regarded as an "expert" in anything.

Re: First Amendment Expert Rips California's Violent Video ...

Still, it's nice to see a "First Amendment Expert" on this site whose initials aren't "J" and "T".

Re: First Amendment Expert Rips California's Violent Video ...

Even nicer to see one that actually understands the first amendment.  Remember the "biofeedback" crap?

Re: First Amendment Expert Rips California's Violent Video ...

mikedo2007

Yeah, I would agree with you on that.

Re: First Amendment Expert Rips California's Violent Video ...

 Don't you see?  It's precisely because they have all those troubles that they're doing this... "Ya, we may be bankrupt, but don't pay attention to that.  We're protecting your children!!"

------- Morality has always been in decline. As you get older, you notice it. When you were younger, you enjoyed it.

Re: First Amendment Expert Rips California's Violent Video ...

It would ahve been smarter to put a 20% tax on porn items and online streaming, that way they have a more plausable revenue stream to go after.

 


I am a criminal because I purchase media,I am a criminal because I use media, I am a criminal because I chose to own media..We shall remain criminals until Corporate stay's outside our bedrooms..


http://zippydsmlee.wordpress.com


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: First Amendment Expert Rips California's Violent Video ...

Silly Zippy, they aren't interested in good, simple ideas. They want ideas that are overly complicated, will cost more money than they bring in, and will discouraged buinesses from ever working in thier state.

Re: First Amendment Expert Rips California's Violent Video ...

That's the government for ya *roll*

Re: First Amendment Expert Rips California's Violent Video ...

Ah but you seem to forget the age old adage:   

An elephant is a mouse built to government specifications. 

Oh well.  Maybe after Oct/Nov when Arnie is gone.  Though I cannot for the life of me remember a time when California and Sanity or at least Common sense (another pair of words that should not be spoken together) were considered to have common grounds. 

 

Re: First Amendment Expert Rips California's Violent Video ...

That's so true. And we're going bankrupt because we're "protecting our children." It's a vicious cycle.

Re: First Amendment Expert Rips California's Violent Video ...

Every time someone say they want to protect childeren I always think about that one lady in the simpsons that awlays screams "THINK ABOUT THE CHILDREN!"

http://www.magicinkgaming.com/

Re: First Amendment Expert Rips California's Violent Video ...

Personally I always wonder what horrible actions of their own they're hiding behind the children.

Re: First Amendment Expert Rips California's Violent Video ...

It's not like California has a great track record for laws recently.

A couple years ago, they attempted to levy a rediculous tax on the adult content being made there. They wanted to add a 25% tax, per step, to the production process. They found 5 steps, which meant that each and every "film" produced there would have an additional 125% tax upon it.

That didn't go over well. The companies literally said "if you enact this tax, we'l just move our business, and then you'l have 0$ tax revenue from us"

Re: First Amendment Expert Rips California's Violent Video ...

It still amazes me that while their state is going bankrupt and they are having to fire teachers, police, firemen and release prisoners in an attempt to save money, that they are still wasting money on this nonsense.

Re: First Amendment Expert Rips California's Violent Video ...

I AM THE LAW!

wait, that was Stallone, but you could so see Arnold yelling that.

Re: First Amendment Expert Rips California's Violent Video ...

If this holds up, I will campaign against unicorns. For too long have our children been warped by this phallic filth!

See, I can make up crazy assertions too!

Re: First Amendment Expert Rips California's Violent Video ...

somebody beat you to it. NOT QUITE SAFE FOR WORK

岩「…Where do masochists go when they die?」

岩「…I can see why Hasselbeck's worried about fake guns killing fake people. afterall, she's a fake journalist on a fake news channel」

Re: First Amendment Expert Rips California's Violent Video ...

my... Virgin Eyes(sarcasm)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

 
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