Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

August 23, 2010 -

Tuesday, November 2, 2010 at 10 AM ET is when oral arguments will be made in front of the Supreme Court of the United States for case number 08-1448, better known as Schwarzenegger vs EMA.

The one-hour long session is the first on that day’s calendar (PDF) and will see the Court answer a pair of questions related to a California state law originally authored by State Senator Leland Yee, which sought to ban the sale of violent videogames to minors.

The two questions posed to the Court are:

1.  Does the First Amendment bar a state from restricting the sale of violent video games to minors?

2.  If the First Amendment applies to violent video games that are sold to minors, and the standard of review is strict scrutiny, under Turner Broadcasting System, Inc. v. F.C.C., 512 U.S. 622, 666 (1994), is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of the games to minors?

The Court, unfortunately for all of us waiting, has no set time table under which it must decide on the case and/or issue a decision, other than it must be decided before the Court’s summer recess begins, which is usually at the end of June.

More on arguments from the Supreme Court website:

During an argument week, the Justices meet in a private conference, closed even to staff, to discuss the cases and to take a preliminary vote on each case. If the Chief Justice is in the majority on a case decision, he decides who will write the opinion. He may decide to write it himself or he may assign that duty to any other Justice in the majority. If the Chief Justice is in the minority, the Justice in the majority who has the most seniority assumes the assignment duty.

Also, if you were wondering where new Chief Justice Elena Kagan would be sitting, wonder no more as SCOTUS has also released the Court’s new seating chart. Kagan will be sitting to the left of Justice Samuel Alito, all the way on the right side of the Court as viewing it from the audience.

Comments

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

Oops, read that wrong. Preliminary vote is after arguments. It seemed dubious they would vote even before that time.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

I didn't get that from the post...I think it's saying a vote will be held during arguments week which is Nov. 2.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

So is the preliminary vote before or after oral arguments are completed?

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

My understanding, which could be flawed, is that it is after.  Anyone know different?

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

According to http://en.wikipedia.org/wiki/Procedures_of_the_Supreme_Court_of_the_Unit... this meeting is directly after oral arguments. There probably isn't anything preventing them from conferring amongst each other prior to oral argument, but that's not likely what the SCOTUS website was talking about.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

I have 2 games preordered from the UK if this censorship bill passes. With games not being free speech anymore the states can ban all blood, gore, dismemberment, sexual content, etc. Leaving us with what Germany and Australia have for their games.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

1. It's not a question of passing a bill.  The bill has already been passed; it's a law and it's being challenged in the Supreme Court.

2. It doesn't ban any content; it bans violent games being sold to minors.  While I think that's a bad thing and fundamentally oppose it, it's not what you're describing at all.

3. Suggesting the UK puts more stock in free speech than the US is a bit of an oversimplification.  While they certainly allow, for example, more adult content in their broadcast TV, they don't have a First Amendment like we do.  There are much stronger restrictions on political speech and the like.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

Games are a form of speech and thus should be protected. The people who are so adamant about banning them just refuse to acknowledge that.They're just going through what video game,s movie,s music, hell, al lforms of media have before.

Re: Schwarzenegger vs EMA Gets SCOTUS Oral Argument Date

"[Under strick scrutiny] is the state required to demonstrate a direct causal link between violent video games and physical and psychological harm to minors before the state can prohibit the sale of the games to minors?"

As I understand it, the state has to do more than just show that there's something out there psychologically harming children that the state needs to protect them from, it also has to show that the law will protect them from said harm (it won't) and show that the law is more effective than the measures already out there (it isn't).

 

Andrew Eisen

 
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Matthew WilsonI know most of my friends first saw robotech when it was on Toonami in the mid 90s, but it is possible that a fan who watched it in the 80s are in a position to do it.03/27/2015 - 1:04pm
Andrew EisenRobotech was mid 80s. Fans of the show (who were kids when it aired) are my age and older.03/27/2015 - 1:01pm
Matthew Wilsontiming. anime only really became widely known in the US in the mid 90s. if we assume it was mostly kids watching it, they still wouldnt be high enough in managment to be given full creative control yet. it would still be another 5 to 10 years for that.03/27/2015 - 12:59pm
Andrew EisenI agree. Now what makes you think that there is no one in power who cares about (or has the ability to) make a good adaptation?03/27/2015 - 12:47pm
Matthew Wilsonits not about pratice, it is about people who understand it getting in to positions of power.03/27/2015 - 12:34pm
Matthew Wilsonallot of the comic book characters that have been turned in to good movies started in the 70s or earlier.03/27/2015 - 12:32pm
Andrew EisenWell, if it really does take two generations of practice to get it right, we'll never get good live action adaptations of anime if no one starts making them.03/27/2015 - 12:31pm
Andrew EisenWhat have you seen that would make you say that?03/27/2015 - 12:30pm
Matthew WilsonIt took 2 genarations of comic book reader before we got good comic book movies. I imagine that will be the case for anime as well.03/27/2015 - 12:28pm
Matthew Wilson@AE yes if they have people that understand the content give it a shot, but as far as I can tell that does not look like it is happening in this case.03/27/2015 - 12:26pm
Andrew EisenI understand the skepticism but I don't think "this will never work" and "no one should even bother" are very healthy attitudes.03/27/2015 - 12:11pm
Andrew EisenWhy would you doubt that? A lot of writers are my age and older, the perfect age to be fans of the content. All I'm saying is it's not impossible to get a good Robotech movie. In fact, it's more likely today than any other time.03/27/2015 - 12:11pm
Matthew Wilson@AE the difference is in the case of marvel the writers and directors clearly understand the source content. I doubt many of any of them are that way with robotech, or any anime for that matter.03/27/2015 - 11:10am
MaskedPixelantehttp://www.playstationtrophies.org/news/news-15838-Sony-Cuts-the-Price-of-PlayStation-TV-Today.html Sony cuts the price of the Vita TV in the UK, still wont force developers to make their stuff compatible with it.03/27/2015 - 10:49am
Andrew EisenMechaCrash - It's true, there are a lot of examples of crap adaptations. But there are increasing numbers of great adaptations such as the Marvel movies. That said, it's certainly going to be an uphill battle at Sony, especially with Tom Rothman around.03/27/2015 - 10:45am
ZippyDSMleeOh live action crap...I dunno with hollywood being stuck in the 90s grimdarkblack mode I can not see how anything would work well other than SNK or Akira.. then again Akira is a bit of head trip...03/27/2015 - 10:11am
MechaCrashI meant Hollywood in general. If they did a Robotech movie, it'd just be a slightly tweaked Macross, because usually when people talk about Robotech, they just mean the first third. Nobody cares about the Masters/Southern Cross or Invid/MOSPAEDA stuff.03/27/2015 - 9:36am
ZippyDSMleeYes Macross is good..... robotech....not so much..... Now Pizza Cats that's the definitive TV dub, if not best dub ever I'd put it up there with COwboy Bebop just becuse the Pizza Cats dub is fun as heck and crazy,Medabots and Fighting Foodons are decent.03/27/2015 - 9:20am
InfophileAged well plot-wise, I mean. The animation is showing its age, but if you don't mind that, the plot holds up quite well03/27/2015 - 6:52am
InfophileRobotech may be 30 years old, but it's actually aged pretty well. Plus, one of the three Japanese franchises that went into making it, Macross, is coming out with a new series soon. So it's far from forgotten or out-of-date03/27/2015 - 6:50am
 

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