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

 
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Andrew EisenAs it happens, Chinatown Wars is the only GTA game I've played.04/19/2014 - 10:43am
Papa MidnightWith GTA5 (to date) failing to even provide indication of a PC release, I'm realising that this might be the first GTA game that I have not played (outside of Chinatown Wars) since the series inception.04/19/2014 - 8:14am
IanCSo im guessing a bunch of edutainment games, which a lot of people elsewhere are going gaga over, dot count as classics? Okay. If you don't mind me, i have a sudden urge to play Putt Putt....04/19/2014 - 6:15am
MaskedPixelantehttp://www.joystiq.com/2014/04/18/playstation-99-cent-sale-discounts-tokyo-jungle-super-stardust/ Weekend long PSN flash sale. So much stuff is 99 cents for the rest of the weekend.04/18/2014 - 5:59pm
Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
 

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