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/

 
Forgot your password?
Username :
Password :

Poll

Is King right? Should all games adopt the free-to-play model?:

Shout box

You're not permitted to post shouts.
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
 

Be Heard - Contact Your Politician