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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NeenekoThey have and exercise control over which games are allowed on their privately controlled 'open forum'. Their endorsement is fairly minimal since it is only 'we do not reject this', but it is still an endorsement of sorts.12/17/2014 - 3:58pm
NeenekoHistorically there have been issues with libraries allowing some groups but not others. Perhaps 'endorsement' is too strong a word, but their editorial control IS a preapproval process, even if the standards are pretty minimal.12/17/2014 - 3:56pm
E. Zachary KnightLet's put this a different way. My local library allows any group to reserve and use multipurpose rooms. That does not mean that the Library endorses all events that take place in those rooms.12/17/2014 - 12:54pm
E. Zachary KnightValve's editorial control comes from removing problem games and accepting games to Steam. They make no claim over any games otherwise.12/17/2014 - 12:52pm
E. Zachary KnightNeeneko, It is not at all a form of endorsement. Grenlight is an open forum for game developers to pitch their game to Valve/Steam and Steam users. Does Valve have some editorial control? Yes, but not to the point that they preapprove games.12/17/2014 - 12:51pm
Neeneko@EZK - I disagree. Greenlight is built off Valve's brand. While not an explicit endorsement, it is a form of it, otherwise Greenlight would have no value over other platforms.12/17/2014 - 12:05pm
MaskedPixelantehttp://www.latino-review.com/news/exclusive-viola-davis-bags-amanda-waller-role-in-suicide-squad Latino Review says Viola Davis will be Amanda Waller. History of Latino Review says "wait for a REAL news site to confirm".12/17/2014 - 10:48am
PHX Corphttp://www.polygon.com/2014/12/17/7407869/assassins-creed-unity-glitch-broken-problems-xbox-one-patch -Facepalm- Screwup means Assassin's Creed Unity's patch is the 40GB full game on Xbox One12/17/2014 - 10:17am
PHX Corphttp://www.theverge.com/2014/12/16/7401769/the-mpaa-wants-to-strike-at-dns-records-piracy-sopa-leaked-documents Sony leaks reveal Hollywood is trying to break DNS, the backbone of the internet12/17/2014 - 10:05am
E. Zachary KnightA Game being on Greenlight is not an endorsement of said game by Valve, Steam or anyone related to Valve or Steam. Greenlight is a combined sales pitch to Steam and its users.12/17/2014 - 9:51am
E. Zachary KnightThe Life cycle of a Greenlight game: A game gets made->Developer puts it on Greenlight->Gamers vote for it->Valve decides it is worthy of a Steam release->Game is sold on Steam. While the game is merely on greenlight, it is not available for sale on Steam12/17/2014 - 9:50am
InfophileGreenlight games may in the future be sold through Steam. A game there may be "greenlit" and then sold on Steam proper, or it may not, and never actually be sold on steam. That quote refers to them selecting some games from Greenlight which they will sell12/17/2014 - 9:39am
MechaTama31"Today we’ve Greenlit another batch of 50 titles to advance through Steam Greenlight, and be offered worldwide distribution via Steam." Am I missing something here? Because it sounds like Greenlight games are sold through Steam.12/17/2014 - 9:00am
MechaTama31From the Greenlight page: "Browse through the entries here and rate up the games you want to see made available via Steam"12/17/2014 - 8:59am
MechaTama31Greenlight games aren't sold through Steam? Then what exactly *is* Greenlight?12/17/2014 - 8:58am
prh99I just wish if they are going to curate (as selective and rare as that is) for content, they'd do little for quality (like does this game actually function at all). Personally, I avoid GreenLight and Early Access like the plague because of lax standards.12/17/2014 - 1:34am
prh99EZK: My point wasn't that they are responsible for people's purchase decisions, but that their policies and criteria for approval needs some work. As far as refunds go, you know it's bad when EA has a better policy. EA, former worst company in America.12/17/2014 - 1:21am
Andrew EisenAnd 'Hatred' is back on Steam Greenlight. No comment from Valve so far as I've seen.12/17/2014 - 12:14am
Consterjames: I know what the question says.12/16/2014 - 10:26pm
E. Zachary Knightprh, considering Greenlight games are not sold through Steam, unless accepted by valve, there is no reason to blame Valve for you or someone else buying a game listed in it.12/16/2014 - 9:44pm
 

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