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 EisenIf you missed the HuffPost segment I guested on, the replay is now embedded in the story.11/21/2014 - 6:05pm
Wonderkarphttps://pbs.twimg.com/media/B2__4yZCcAA9Ytp.jpg these look amazing. Peach is the only one I'm tempted to open cause her packaging is bent. get another nonbent one....man. toycollector me and gamecollector me is fighting11/21/2014 - 5:51pm
WonderkarpJust finalized my Smash Bros free Sound Track Order. Also got 4 amiibos and they look fantastic. I'm afraid to open them. they look spectacular!11/21/2014 - 5:45pm
james_fudgeCan we all agree that Andrew cleans up nicely and can go on any program?11/21/2014 - 5:01pm
Wonderkarpthank you for that line, Andrew. alot of great films fail the bechdel test. Gravity fails it and it has a female lead.11/21/2014 - 4:48pm
Andrew EisenAw, thanks James! Well, now I have to drive back to work!11/21/2014 - 4:45pm
Andrew EisenDidn't have a chance to say this on the HuffPost segment but while the Bechdel test is useful as a broad examination of gender representation in media, it's not at all appropriate as a judgement of quality.11/21/2014 - 4:45pm
james_fudgeAndrew you killed it!11/21/2014 - 4:44pm
WonderkarpMadeline Bergman. second female, they never speak of men, just a computer program. it passes the test11/21/2014 - 4:34pm
E. Zachary KnightDoes Other M have more than one woman in it?11/21/2014 - 4:31pm
Wonderkarpyet Metroid Other M, a game where people cried sexist due to the commanding officers restricting Samus, passes the test....11/21/2014 - 4:21pm
Wonderkarpwait...they are using the bechdel test to determine which games are sexist?.....how does that work with a game like Super Mario Bros when there is no Dialogue? test itself is BS. Alien doesn't pass it11/21/2014 - 4:20pm
james_fudgeAndrew Eisen on Ice! Please join in at 4:23 pm et and support our bestie! http://live.huffingtonpost.com/r/segment/sweden-sexism-video-game/546d41cffe344486d400023711/21/2014 - 4:05pm
Matthew Wilsonthose are the same people that said google should pay to list news sites in their news reader, and than accused google of blackmail when google said no and delisted them.11/21/2014 - 4:03pm
Wonderkarpwait....europe can dismantle a company not founded in europe?11/21/2014 - 3:54pm
NeenekoHrm, that does raise interesting questions about anti-trust laws and transnational corporations.11/21/2014 - 3:54pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/11/europes-parliament-poised-to-call-for-a-break-up-of-google/ what is with Europe? good think they dont have the power to do it. worse comes to worse google can block any European country that tries.11/21/2014 - 3:49pm
Andrew EisenFun Fact: Back when it was new, I was linked to that docket by three separate people in the same day. It was submitted as proof of their claim. In all three cases, the docket didn't even address what they were talking about. Did any of them read it?11/21/2014 - 3:00pm
Wonderkarpits not a piece. its just a press docket. its like a wiki11/21/2014 - 2:52pm
NeenekoAnd for not being about feminism, the piece spends a lot of focus talking about it....11/21/2014 - 2:44pm
 

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