Attorney Forecasts Supreme Court Decision, Wonders Why It Granted Cert

November 1, 2010 -

Over at Gamasutra, Attorney Greg Boyd has composed a detailed look at the California law at the center of Schwarzenegger v. EMA.  After a brief history lesson concerning what the law says and where it’s been over the last few years, Boyd speculates about how the Supreme Court may eventually rule.

“It would be surprising to the legal community if this case went against all the prior similar cases on content-based regulation. The consensus expectation is that this case will fit with the other state cases on this issue (and the two lower court decisions in California). The preliminary injunction will likely be upheld and the statute will likely be held unconstitutional.”

As Boyd points out, the Supreme Court typically grants cert for cases that federal courts in different parts of the country are split on.  Of course, as we all know, there is no spit on this issue.  There have been 12 attempts in the last eight years to impose a state-level regulation on video games and each one has failed.  So, with the precedent cases being unanimous, why is the Supreme Court hearing oral arguments for Schwarzenegger v. EMA tomorrow?

“Is it that all of the other courts have gotten it wrong? Perhaps the strict scrutiny standard applied above, and commonly throughout the other content-based regulation cases, is the incorrect standard. Perhaps this is a case of the High Court stepping in to settle the issue in a more final way.

The Court could see that, clearly, the states are not "getting it" with the other cases, and they know this type of legislation has already cost the state taxpayers more than $2 million in reimbursed legal fees.”

Read the whole shebang over at Gamasutra and try not to lose too much sleep over the next few months while the Supreme Court makes its decision.

-Reporting from San Diego, GamePolitics Correspondent Andrew Eisen


Comments

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

It could be because this is a court with a new conservative majority, and they want to set a new standard for artistic expression, a more narrow standard, and also give more leeway to states as well.

That is what you'd expect a conservative majority to do, and this majority is new. So I think looking back at precedent of the past may not be as useful now as it use to be.
 

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

Mmmmaybe.  But as we've discussed at length in these comments threads, free speech versus censorship seldom falls under straight liberal-versus-conservative lines.  I still expect a victory for the EMA; Thomas, at least, is reliable on free speech issues, and I expect Kennedy to side with the EMA as well.

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

If SCOTUS Rules in favor of the industry(And I expect it alongside Attorney Greg Boyd(Note I'm not a lawyer, but I do have a hunch we'll Win)) Hope The Decision is Giftwrapped as an early christmas present

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Attorney Forecasts Supreme Court Decision, Wonders Why ...

"Perhaps this is a case of the High Court stepping in to settle the issue in a more final way"

I think me and a few other gamers were thinking the same thing when the scouts announced they'll heard the case in question

http://www.magicinkgaming.com/

 
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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
ZippyDSMleePapa Midnight: Care to take a look at this and tell me what you think about it? http://www.amazon.com/Frisby-FS-5010BT-Surround-Speakers-Bluetooth/dp/B00EYX1N2S/03/26/2015 - 10:27pm
Matthew Wilson@AE I think he means both.03/26/2015 - 9:23pm
ZippyDSMleeuhg either a nap after being up 30 hours or working on my comp blah. Oh wow when did the the all shout box page show 3 times as many shouts 0-o03/26/2015 - 8:30pm
Andrew EisenMechaCrash - Sony in particular or Hollywood in general?03/26/2015 - 7:38pm
Matthew Wilson@mach no way in hell, so that is why I want them to stay away.03/26/2015 - 7:21pm
MechaCrash"Get the movie right" is preferable to "stay away," but do you really think they won't screw it up?03/26/2015 - 7:19pm
Craig R.And yes, 90's games. Damn near all of my fav computer & console games were from that decade03/26/2015 - 7:00pm
Craig R.I'd take the NCAA seriously if they'd bite instead of bark03/26/2015 - 6:59pm
Andrew EisenConster - Sure, give me a few minutes.03/26/2015 - 3:05pm
Consterhttp://sanfrancisco.cbslocal.com/2015/03/26/salesforce-ceo-says-company-is-cancelling-all-programs-in-indiana-over-lgbt-discrimination-fears/ http://edition.cnn.com/2015/03/25/politics/mike-pence-religious-freedom-bill-gay-rights/index.html03/26/2015 - 2:55pm
ConsterApparently Salesforce and the NCAA are also upset over SB 101. I know they're not video-games related, but maybe add a line to the article?03/26/2015 - 2:54pm
Andrew EisenThat said, I doubt that if the movie gets made, it will be similar to either version of the show. But, Star Wars movies will be out again and the designs are still pretty awesome so it's got a chance.03/26/2015 - 2:34pm
Andrew EisenPeople my age and older with disposable income and a fondness for nostalgia.03/26/2015 - 2:32pm
Matthew Wilson@AE I am kinda surprised sony would want to make a movie of something that is 30 years old. I woulder how many people remember robotech?03/26/2015 - 2:24pm
 

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