Supreme EMA v. Schwarzenegger Decision Within a Week

September 28, 2009 -

The United States Supreme Court is scheduled to address an appeal of a Californian videogame law tomorrow, September 29.

Entertainment Merchants Association v. Schwarzenegger (formerly known as The Video Software Dealers Association (VSDA) v. Schwarzenegger), revolves around a Californian law that banned the sale of certain videogames to anyone under 18 years of age. First signed into law by Schwarzenegger in 2005, the law was rejected again in February of 2009 by the 9th Circuit Court of California, which upheld an earlier 2007 ruling that deemed the law unconstitutional.

Schwarzenegger and California Attorney General Jerry Brown appealed to the Supreme Court in May of this year, marking the first time a case involving the restriction of violent game sales to minors has ever been considered by the top court of the United States.

As part of the proceedings, The Supreme Court will also decide whether to accept the amicus brief filed by California State Senator Leland Yee (D) in July of 2009. In the brief, Lee, who authored the original statute at the center of the whole case, argues why the Supreme Court should approve the state of California’s petition for a full hearing. He was supported in the brief by the California Psychiatric and California Psychological Associations.

The Supreme Court’s decision could take a few days or more. A final decision should be made public by next Monday, October 5.

Update: Just to clarify, The Supreme Court did consider a similar topic when ruling on American Amusement Machine Association et al. v Kendrick et al. in 2001, when it denied the City of Indianapolis' petition for certiorari. That case centered on an attempt by the city to limit the display and operation of currency-based machines deemed harmful to minors.


Comments

Re:Supreme EMA v. Schwarzenegger Decision Within a Week;Update 1

http://www.scotusblog.com/wp/todays-orders-40/#more-11301

10 cases granted cert so far, and California's appeal is not among those.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Actually, it's out of Yee's hands. This one's on Arnold and Brown.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I have a feeling this won't get heard by the Supreme Court. And rightly so. It's already been struck down twice, but I guess Yee really feels the need for a hat trick until he shuts up. 

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

IIRC this bill was to ban ANYONE under 18 from violent video games even though the ESRB says the recommended age is 17 and up. They made all M games AO rated.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I meant stupid ban and censor the video game bills. :P 

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

But this Bill isn't about an outright ban or censorship, is it? It's about backing up the ESRB ratings with the force of law.

I can't get my head round why it';s such a big issue for you... well, unless you're under 17, I suppose.

-- teh moominz --

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Well some of us over 18 do believe minors esspecially older minors like teenagers deserve full Free Speech rights. The nanny-state should have no more right to decide what they can or can't watch, play, read or listen to then adults. They should have the ability to form their own viewpoints based on unrestricted and uncensored access to media that have the capability of presenting ideas, information, messages and opinions.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

A private, voluntary, rating, getting enforced by law? Sounds real bad. Besides, these ratings are ADVISORY, not mandatory. Big difference.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

My guess is that Stickboy is probably European like myself, most if not all rating bodies in this part of the world have the force of law behind them and for the most part it works out fine, though here in the UK Carmageddon and Manhunt 2 were banned for a while. Of course the Germans are a bit stricter and the Aussies are pretty much boned as far as getting any of the top FPS games out there uncut.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

So does that mean that people will keep making stupid bills now?

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

People will always make stupid bills whenever they feel like they don't like something so it should be irradicated.

I want a bill to stop having restraunts naturally put tomatoes on hamburgers, personally. They are slimey, fall off the burger, and negatively affect the taste. They should be a custom order addition instead of being part of the main sandwhich build.

"

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

That's how I feel about pickles.

Although, they're fine on the side.

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

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I kinda hope the Supreme Court does decide to hear the case, though it'd suck for Cali. Also if whenever this does get struck down I hope you use a MK Fatality screenshot to accompany the story. :D

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I looked at the petitions to watch part 5 on SCOTUSBlog No word of EMA v. Schwarzenegger in all 5 parts of petitions to watch so it has no chance of being granted

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: Supreme EMA v. Schwarzenegger Decision Within a Week

While it looks like it gonna be rejected the Supreme court should atlease say that this bill is unconstitutional so we would have to deal with another bill like it.

http://www.magicinkgaming.com/

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

You know, I was wondering what this story had to do with an old Genesis Basketball game... Then I got it... You are a sneaky one, Pete...

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Still pisses me off that he made the appeal when the state was several billion dollars in the fucking hole. Right around the time when he went to Obama and asked "can i has moar monies"?

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Actually this is the second time the issue has gone to the Supreme Court. In 2001 an Indianapolis city arcade anti-gaming bylaw that was stuck down by 7th circuit court with a wonderfully worded opinion by Judge Posner was appealed to the Supreme Court and SCOTUS denied it. The case was AAMA v. Kendrick and it was the first anti-gaming law that was struck down by the courts.

 "No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Right, because what California's economy needs right now is more legal fees. 

Gubernatorial recall election, anyone?

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

Gubernatorial recall election, anyone?

I wouldn't recommend it. That last one was a five ring circus that landed you with Schwarzenegger. Another would pretty much be tempting fate.

-Gray17

-Gray17

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

I love how Mr. Yee had said years ago that he would not pursue any further anti-speech legislation after it was defeated.  Like a typical politician, he lied about that.

I think we need a non-profit fundraiser to raise money to buy a copy of the Bill of Rights and have them delivered personally to every politician in Congress...

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

It's looking more and more likely that SCOTUS will not hear the appeal.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

 FINISH THEM Supreme Court. ;)

Re: Supreme EMA v. Schwarzenegger Decision Within a Week

You forgot to mention the Eagle Forum also filed an amicus brief.

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

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.
 
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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
Kronothat any critics of journalists were white guys that hated women, and could be dismissed as such. It seems to have helped some. It's kind of difficult to maintain the white guy narrative in the face of a bunch of women and non-white guys. So the tag09/18/2014 - 8:32pm
Kronothat, someone vented on a #gamergate 4chan thread about being dismissed like that. The suggestion they got in return was to organize their own hashtag in response, with #NotYourShield being suggested. Thus the tag came into use to combat the undercurrent09/18/2014 - 8:32pm
Kronomuch more general problem. And while several of the articles were fairly tame, they spured a bunch of people to dismiss any critics of the journalism involved as misogynistic men. Usually with insults aimed at the geek stereotype. After about a week of09/18/2014 - 8:32pm
Andrew EisenSleaker - Not sure what that has to do with anything but yeah, the gender percentages differ depending on how the study defines what a gamer is.09/18/2014 - 8:32pm
KronoThe rhetoric pushed by the spearheading articles that the "gamers" complaining about journalist ethics were just angry white male misogynists, insulted a lot of people that were previously fairly neutral. It made it go from a Kotaku problem, to a09/18/2014 - 8:31pm
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Sleaker@AE - well the gamer trend was described with stats on Factual Femenist. Only 1 in 7 males plays games 20+ hrs going into college vs 1 in 40 females. So gaming is definitely still male dominated despite fake stats trying to say otherwise.09/18/2014 - 8:30pm
Craig R.Do conspiracies ever make sense? The fact that people are now having to defend themselves against nutjob websites like Breitbart.com shows how far down into the rabbit hole we've all been forcibly dragged.09/18/2014 - 7:05pm
 

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