NYRA Preparing Amicus Brief for Schwarzenegger Case

August 16, 2010 -

The National Youth Rights Association (NYRA) is not pleased about the possibility of the Supreme Court ruling in favor of the California side of the Schwarzenegger v. EMA appeal and is asking for assistance from the gaming community as it prepares an Amicus Brief for submission to the Court.

In a blog post, the NYRA theorizes that no Supreme Court member has ever played a game, nor, (most likely) have the lawyers arguing for either side. As a “defender of the rights of youth,” and “as gamers,” the NYRA stated that “we need to make it clear that video games are more than random violence and that no one should be denied access to them.”

Here is what the organization is looking for:

We need your testimonies about their social, artistic, and political value to help the justices understand just what they would be taking away if they let this law stand.

Political speech is treated differently than non-political speech. The more examples we can provide of games, especially violent ones, having some kind of political content the better. If we collect enough testimony to convince the court that video games have political value, their distribution will be protected under the First Amendment.


Appropriate comments can be posted to the NYRA blog.


Via TechDirt

Comments

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

If movies are protected speech then games have to be protected speech. Let us be honest here, not all games are works of art, not all games contain political speech, but enough are and enough do to consider the medium protected speech I believe. We'll see what the court rules, but so far things don't look good for California's asine governemnt. I say this as a resident of CA.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

What is or isn't art is in the eye of the beholder. It is all subjective. What I consider trash you may consider treasure and vise versa. Some may consider 2 girls 1 cup to be a work of art containing merit with it's ability to disgust and display human depravity and others may consider that something like the Holy Bible is worthless. Hence the reason i believe Obsenity laws are nothing more then a load of crap. Your main point is right on though, if movies are considered Free Speech then so should video games.

 "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: NYRA Preparing Amicus Brief for Schwarzenegger Case

BioShock's got a political bent, off the top of my head.

Mass Effect has moments that are steeped in politics too, particularly the end of the first game where you choose between putting a (likable) military man or a (conniving) career politician on the Galactic Council.

The Final Fantasy games tend toward an environmentalist message.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

They all have artistic value.  They're protected.  Case closed.

 

Andrew Eisen

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

That's a great legal argument, basically amounting to "I don't have to prove my point your honor, they just are". Kind of the tactic the California Prop 8 defense team used.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

You seem to have overlooked my first sentence.

 

Andrew Eisen

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

Not at all.  You make a statement, don't bother to back it up, and treat it as self-evident.  Which may get you some support from the choir you're preaching to, but it's hardly a persuasive legal argument.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

You also seem to have overlooked my first sentence.

 

Andrew Eisen

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

No they didn't. Your first statement has no proof. You simply claim they are all artistic. Roger Ebert would disagree and so would others. I wouldn't disagree, but the two people you chastise for not reading your first sentence were actually 100 correct in their assessments.

Re: NYRA Preparing Amicus Brief for Schwarzenegger Case

Wrong.  Both said I made a statement without backing it up.  That is incorrect.  The statement was "[video games] are protected [speech]."  The support for that statement was my first sentence: "They all have artistic value."

Now, if you don't agree that all games have artistic value, that's a completely separate argument.

 

Andrew Eisen

 
Forgot your password?
Username :
Password :

Poll

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
Matthew Wilsonhttps://www.youtube.com/watch?t=18&v=CbGmrySQLIg looks like Inafune is giving capcom the middle finger.07/02/2015 - 5:05pm
TechnogeekUnfortunately, the shoutbox moves fast enough that I can't find why I got that impression, so if was indeed erroneous I do apologize.07/02/2015 - 4:34pm
TechnogeekBut yeah, as far as my earlier comment re: you and the article, I did get the impression at some point that you felt there should have been some sort of reprecussions for the article's existence.07/02/2015 - 4:34pm
TechnogeekI got expletive-censored for posting something a few weeks back wherein I expressed my shock that I agreed with you about something, Skunk; so you're not the only one being hit with that stick.07/02/2015 - 4:31pm
Andrew EisenI know you don't. And you haven't recently so all's well.07/02/2015 - 4:25pm
Goth_SkunkI don't think I misrepresented anything.07/02/2015 - 4:24pm
Andrew EisenHeavy profanity is not permitted in the Shout box. Words like "moron" are but we ask that our readers not resort to name-calling.07/02/2015 - 4:23pm
Goth_SkunkSo I can't say a 4-letter curse word, but Mechacrash is free to call me a moron. Acknowledgment: Mecha was warned about his conduct, but his post was not edited, as mine was.07/02/2015 - 4:20pm
Andrew EisenWhat people took issue with was your misrepresentation of what the author said. Now that you're criticizing what she actually said, no one has a problem (though they might disagree with your opinion).07/02/2015 - 4:19pm
Andrew EisenThat's not comparable at all. One is advice, one is a rule.07/02/2015 - 4:17pm
Goth_SkunkBut apparently, people seem to take issue with my justification and have been jumping down my throat about it for... 24 hours?07/02/2015 - 4:17pm
Goth_SkunkAnd now we've just had an example wherein I was forced to moderate myself in order to minimize offense.07/02/2015 - 4:16pm
Goth_SkunkThat's what this whole conundrum's been about! I strongly disapproved with the Wired article writer's suggestion and made that opinion known here in the shoutbox.07/02/2015 - 4:16pm
Andrew EisenPlease keep such strong language out of the Shout box. Anyway, that's fine. If there's something you want to write about. Go right ahead. Don't like someone's suggestion? Feel free to say so.07/02/2015 - 4:13pm
Goth_SkunkIf I get a response "this rape scene you wrote was offensive. You should've done it differently. Consider examples A, B, C, or D" I would happily take it under advisement should I decide to write something similar in the future.07/02/2015 - 4:12pm
Goth_SkunkIf I get backlash for such a decision consisting of "this rape scene was offensive," that's fine. If I get criticism like "this rape scene was so offensive, you shouldn't have written it," I'll respond "Go (expletive) yourself"07/02/2015 - 4:11pm
Andrew EisenMatthew - Oh, absolutely. But no one's saying any specific trope or subject should be taboo.07/02/2015 - 4:11pm
Andrew EisenA few have opined that I should have left the "I'm on a whore" line out of my Old Spice Parody video. I don't see why that's a problem.07/02/2015 - 4:10pm
Goth_SkunkHypothetical: If I'm writing a story and in my story there is a rape scene, and that rape scene is present because I want it to be there, and it is very relevant to the story as a whole, I'm going to write it.07/02/2015 - 4:10pm
Matthew WilsonI think it should be criticized for being used badly, but I dissagree with the idea that is should never be used. as far as I am concerned its a story telling tool, and like all tools it can be used in a good or bad way.07/02/2015 - 4:09pm
 

Be Heard - Contact Your Politician