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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MattsworknameOh btw, info, are you still refering to that "gamers are dead" argument? Cause sargon of akkad just did a 3 video series that proves it's based on bullshit07/31/2015 - 6:46am
MattsworknameInfo: thats what you call clickbaiting to the highest level07/31/2015 - 5:43am
InfophileAnd here's why you never judge an article by its title: "Microsoft Gives All Windows 10 Users the Finger" - http://www.themarysue.com/microsoft-windows-10-middle-finger/ (I'm looking at you, people still mad about "Gamers are Dead")07/31/2015 - 5:09am
Matthew Wilsonhttp://www.bloomberg.com/news/videos/2015-07-31/khan-academy-s-sal-khan-studio-1-0-full-show-7-30- not game related, but this is a good interview.07/30/2015 - 8:52pm
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Goth_Skunk@Technogeek: I paid for the experience of the seat, and upon completion of the movie determined that the extra for the seat wasn't worth it. Additionally, your opinion is not law. You thinking the movie is crap does not make it so.07/30/2015 - 8:31pm
Craig R.1st I heard of Pixels was seeing trailer in theater. Was interested until Sandler appeared, then it became an instant 'Nope'.07/30/2015 - 4:52pm
james_fudgesick burns are not always allowed in the shoutbox.07/30/2015 - 4:28pm
MechaCrashIt's especially funny because I said "you'd have to be a moron to enjoy it," and Goth boasted about enjoying it, as if that does anything to change my opinion of the movie or of him.07/30/2015 - 4:19pm
TechnogeekMatthew: Back when that law was first implemented, I kept trying to come up with a scenario where it would be anything other than an unmitigatedd sisaster. Nothing ever came to mind.07/30/2015 - 4:16pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2015/07/new-study-shows-spains-google-tax-has-been-a-disaster-for-publishers/ no duh Sherlock!07/30/2015 - 4:10pm
TechnogeekI can't even make a joke about that. It's like poking fun at Donald Trump's hair.07/30/2015 - 4:01pm
TechnogeekSo you willingly paid more money than you needed to in order to watch a crappy Adam Sandler movie (but I repeat myself), just to spite a reviewer that you can't even spell the name of properly.07/30/2015 - 4:01pm
Goth_SkunkMy one regret was paying extra for a DVX seat, which jostles and vibrates in relation to the action on screen. What a waste of money.07/30/2015 - 3:55pm
Goth_SkunkYes, I did watch Pixels just to spite Chipman. I was originally going to see Minions, but moved it down the list. AND I ENJOYED IT. So nuts to you, MechaCrash.07/30/2015 - 3:44pm
Matthew Wilson@phx works fine for me, but I did it the long way. I upgraded, made a recovery drive, than did a full install.07/30/2015 - 3:24pm
Andrew EisenReally liking Child of Light so far (I play on console so UPlay isn't a concern). Gorgeous aesthetic with a fun presentation and battle system. So far, so good!07/30/2015 - 1:36pm
PHX CorpWell I'm offically on Windows 10 Laptop Wise(I had to download the Windows 10 Media tool from Microsoft to get it now rather than waiting for the update through windows update)07/30/2015 - 12:16pm
ZippyDSMleeI dunno I'd go to see it, seems liek dumb fun, better than half assed serious stuff that has so many holes large enough to drive mac trucks through(coughinterstellercouch).07/30/2015 - 10:58am
Andrew EisenGoth - Wait, you went to see Pixels just to spite Chipman?07/30/2015 - 10:49am
 

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