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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MechaCrashI just hope they realize that part of the problem with the Wii U was its relative lack of power. You can still make good games with what the Wii U has, but third parties won't want to deal with it when they can target the more popular PS4/XB1.07/02/2015 - 10:59am
Andrew EisenReplace "NX" with "QOL" and I'd buy it as potentially true.07/02/2015 - 10:51am
Andrew EisenNintendo to start manufacturing NX in October to target a July 2016 launch with 20 million consoles shipped the first year. Sure... http://www.digitimes.com/news/a20150702PD204.html07/02/2015 - 10:47am
james_fudgeLet's avoid name calling in the shoutbox07/02/2015 - 8:55am
E. Zachary KnightThe Daily WTF has a nice run down of some of the impact to software that the US Supreme Court ruling on gay marriage has. http://thedailywtf.com/articles/i-m-not-married-to-the-idea07/02/2015 - 7:45am
MechaCrashGee, how did people ever get the idea Gaters are morons who argue in bad faith? It's such a mystery.07/02/2015 - 7:03am
E. Zachary KnightGoth, again, no one is saying that we shouldn't be writig uncomfortable subject matter. What people are saying is that chances are you are going to write it poorly so it would be better to not have done it at all.07/02/2015 - 7:00am
Goth_Skunkdiscussed or portrayed in an expressive medium. Such an opinion only serves to stifle discussion. And as I said before, the only thing not worth talking about is what shouldn't be talked about.07/02/2015 - 6:50am
Goth_Skunk@Info: The same reason why I would entertain the notion that the Wired article writer could be right: Curiosity. Except in this case, I'm not curious at all. I'm not interested in hearing anyone's opinion on why uncomfortable subject matter shouldn't be07/02/2015 - 6:49am
IvresseI think the problem with the Batmobile is that they made it a core aspect of the game that you have to do continuously. If it was basically a couple of side games that were needed for secret stuff or a couple of times in the main game, it would be fine.07/02/2015 - 5:38am
Infophile@Goth: If you're not willing to entertain the idea you might be wrong, fine. That's your right. But why should anyone else entertain the idea that you might be right? If they go by the same logic, they already know you're wrong, so why listen to you?07/02/2015 - 3:53am
MattsworknameEh, I love the new batmobile personally, it's a blast to mess aroudn with. Plus, the game is set in a situation that mroe or less leaves batman with no choice but to go full force. And even then, it still shows him doing all he can to limit casualties.07/01/2015 - 11:38pm
Andrew EisenAgreed. Luckily, we don't seem to be in danger of that of late. No one's suggesting, for example, that tanks shouldn't be in video games, only that the tank in Arkham Knight is poorly implemented and out of place from a characterization standpoint.07/01/2015 - 11:27pm
MattsworknameConfederate flag, Relgious organizations, etc etc. Andrew isnt[ wrong, just remember not to let that mentality lead to censorship.07/01/2015 - 11:20pm
Mattsworknamefind offensive or disturbing, and that mindset leads to censorship. It's all well and good to say "This would be better IF", just so long as we remember not to let it slide into "This is offensive, REMOVE IT". IE , the current issues surroundign the07/01/2015 - 11:19pm
MattsworknameAndrew and goth both have points, and to that point, I'll say. Saying somethign is improved by changing something isn't a problem, on that I agree with , but at the same time, on of the issues we have in our society is that we want to simply remove things07/01/2015 - 11:18pm
Andrew EisenSee? Suggestions for improvements that involve taking things away do not mean the work is garbage or performing poorly, critically or commercially.07/01/2015 - 9:29pm
Andrew EisenSkyward Sword is spiff-a-rific but it would be an improved experience if the game didn't explain what each item and rupee was every single time you picked them up!07/01/2015 - 9:27pm
Andrew EisenHere's another: De Blob is a ton of fun but it would be improved without motion controls. Incidentally, THQ heard our cries, removed motion controls for the sequel and it was a better game for it!07/01/2015 - 9:24pm
Andrew EisenI'll give you an example: Arkham Knight is a ton of fun but the tank sucks and the game would be even better without it.07/01/2015 - 9:23pm
 

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