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 :

Shout box

You're not permitted to post shouts.
IvresseWell Totalbiscuit's port report video was positively glowing about it...04/21/2015 - 4:05am
MattsworknameHey, slightly off topic, but, anyone got a good sugestion for a flight stick for elite dangerous?04/21/2015 - 12:38am
Matthew Wilson@pm intreasting the gta5 port was already good from what I have read.04/20/2015 - 9:32pm
Papa Midnighthttp://www.pcgamer.com/gta-5-pc-patch-reduces-cpu-usage/04/20/2015 - 9:00pm
PHX Corp@zippy I'm Probaly going to Warn my uncle who is a techie that it may come out at the end of july04/20/2015 - 8:45pm
Matthew Wilson@zippy I want windows 10 badly, but that is because I am stuck on 8.1 yuk. that being said the new dx12 looks very good, and the reported performance gain from it.04/20/2015 - 8:00pm
ZippyDSMleeMy body is readY! http://www.afterdawn.com/news/article.cfm/2015/04/20/amd-microsoft-to-launch-windows-10-at-the-end-of-july04/20/2015 - 7:54pm
PHX CorpI may have posted this before but a leaked email from Sony pictures has the MPAA written all over it http://www.extremetech.com/computing/203654-leaked-sony-emails-show-mpaas-opposition-to-fair-use-confirms-users-are-viewed-as-thieves04/20/2015 - 4:53pm
Mattsworknameyet another reason the DMCA should be dismantled and rewritten04/20/2015 - 4:41pm
Matthew Wilson@zippy that is worse than the ESA thing.04/20/2015 - 4:26pm
ZippyDSMlee0-o good luck with that car companies, http://www.autoblog.com/2015/04/20/automakers-gearheads-car-repairs/04/20/2015 - 4:07pm
Andrew EisenYes, hence my subsequent shout.04/20/2015 - 3:15pm
Matthew Wilsonwhile the article itself isnt that great, but the point is still valid.04/20/2015 - 3:14pm
Andrew EisenProfessionals do need to be mindful of what they say on social media though. That's true.04/20/2015 - 3:11pm
Andrew EisenWell, it was almost a decent article from Techraptor. Some day. Some day...04/20/2015 - 3:09pm
Matthew Wilsonhttp://techraptor.net/content/gamings-pr-problem both game devs and pr people alike need to to keep in mind, when your on twiter you are also representing the company you work for.04/20/2015 - 2:39pm
E. Zachary KnightI don't really care either way, but that was just my understanding based on previous reads.04/20/2015 - 2:13pm
E. Zachary KnightBut now I am confused. I thought Johnny Storm was the adopted one, but the dad is black. Does that mean that Sue is adopted or is it just an interracial marriage with existing children?04/20/2015 - 2:12pm
E. Zachary KnightNew Fantastic 4 trailer finally shows powers and just a wee bit of whimsy. Not too much mind you. No need to dilute the dark and brooding. http://www.comingsoon.net/movies/trailers/431505-the-new-trailer-for-fantastic-four-is-here04/20/2015 - 2:11pm
E. Zachary KnightOk. Just checked another of my Twitter accounts and there is a setting, opt-in. So it looks like a slow roll out.04/20/2015 - 1:17pm
 

Be Heard - Contact Your Politician