U.S. Supreme Court Upholds Ninth Circuit Decision in Brown v. Entertainment Merchants Association

June 27, 2011 -

The United States Supreme Court has ruled in favor of the video game industry and retailers in Brown v. Entertainment Merchants Association (formerly known as Schwarzenegger v. Entertainment Merchants Association). The full opinion can be found here. According to Justice Scalia, who wrote the opinion: "the act forbidding sale or rental of violent games to minors does not comport with the 1st Amendment." Alito concurred with the judgment, joined by the Chief Justice. Justices Thomas and Breyer dissent, in an opinion by Thomas - according to SCOTUSBlog.

The court had to decide if a state law restricting the sale of violent video games to minors violated the First Amendment right to free speech. The Ninth Circuit Court ruled in favor of the EMA, saying that the law violated the First Amendment.

The law was written by California State Senator (D-San Francisco) Leland Yee and signed into law by California Governor Arnold Schwarzenegger in 2005. The law was immediately challenged by the video game industry and retail advocacy groups in the United States District Court for the Northern District of California. A judge put a permanent injunction on the law, ruling that it was unconstitutional because it violated rights protected by the First Amendment.

You can check out all the petitions and arguments from November here.

Source: SCOTUSBlog

 

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Comments

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Right now I've got Don't Stop Believing.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Wait wait! I've got the perfect one! If you know the words, sing along!

"This was a triumph!

I'm making a note here, huge success!

It's hard to overstate my satisfaction..." EVERYBODY!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Aperture Science
We do what we must
because we can.
For the good of all of us.
Except the ones who are dead.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

But there's no sense crying over every mistake 

You just keep trying till you run out of cake

and the science gets done

and you make a neat gun

for the people who are still alive.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Wow I hadn't realized how nervous I was about this.  Hopefully this is the end of these kind of laws.  The real shame is the amount tax payer money wasted on this law in a time of financial crisis.  I personly will be celabrating with the most violent game I have.  (Either Bulletstorm or Mortal Kombat)

Now, I beleive in these circumstances are the following is obligatory so everybody join me.  U-S-A, U-S-A, U-S-A

"Video games qualify for First Amendment protection. Like protected books, plays, and movies, they communicate ideas through familiar literary devices and features distinctive to the medium.  And “the basic principles of freedom of speech . . . do not vary” with a new and different communication medium."  Brown V. EMA


 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Can't wait to see what Yee has to say. He is probably crying.

E. Zachary Knight
Divine Knight Gaming

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

I'm crying too! Joyfully, though. Makes it hard to dance!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

 I don't know.. it is hard to say how much political capital he really has wrapped up in this topic at this point.  

 

The river has moved on... while gamers care, the general voters seem less interested now

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

I hope Yee manages to keep it classy in his response, though I doubt it.  Expect some major hyperbole. 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Not too sure on that.  Yee is a Democrat from California- hardly the theistic type. 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

That doesn't mean anything. He's still a politician and they're all expected to appeal to god.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

He's busy looking for his crying towel as we speak and celebrate.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

7/2 is a large majority, i expected it to be much closer.

Here are we -- and yonder yawns the universe.

Here are we -- and yonder yawns the universe.

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

To Leeland Yee, Arnold, Jerry Brown, and every other anti-gamer out there:

IN YOUR FACE!

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Somewhere in Miami, a certain ex-lawyer is screaming, "NOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!"

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

I think he was probably far more upset that he couldn't have them ALL recused.  :)

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Not to belittle or take away the earned celebration of others, but can we have a "Gamer's Pride" march celebration?

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Hell Yeah. 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

VICTORY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!  yee was an ignorant fool ahahaahah

 

Re: U.S. Supreme Court Upholds Ninth Circuit Decision in ...

Hooray for our side!

 
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Matthew Wilsonhttp://www.businessinsider.com/xbox-one-virtual-reality-headset-will-compete-with-oculus-rift-2014-12 can a xbo even handle doing vr?12/21/2014 - 10:48pm
PHX Corp@Adam802 We'll break out the popcorn in June12/19/2014 - 9:23pm
ZippyDSMleeMaskedPixelante: I'm itching to start it too but I will wait till the patch goes live. >>12/19/2014 - 7:52pm
Adam802Leland Yee and Jackson get trial date: http://sfbay.ca/2014/12/18/leland-yee-keith-jackson-get-trial-date/12/19/2014 - 5:24pm
MaskedPixelanteNevermind. Turns out when they said "the patch is now live", they meant "it's still in beta".12/19/2014 - 5:07pm
MaskedPixelanteSo I bought Dark Souls PC, and it's forcing me to log into GFWL. Did I miss something?12/19/2014 - 5:00pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/12/republicans-may-have-plan-to-save-internet-providers-from-utility-rules/ this is intreasting. congress may put net nutrality in to law to avoid title 2 classification12/19/2014 - 2:45pm
Matthew Wilsonhttp://www.polygon.com/2014/12/19/7421953/bullshit-cards-against-humanity-donated-250k-sunlight-foundation I have to admit I like the choice o organization. congrats to CAH.12/19/2014 - 1:51pm
E. Zachary KnightIf you are downloading a copy in order to bypass the DRM, then you are legally in the wrong. Ethically, if you bought the game, it doesn't matter where you download it in the future.12/19/2014 - 12:06pm
InfophileEZK: Certainly better that way, though not foolproof. Makes me think though: does it count as piracy if you download a game you already paid for, just not from the place you paid for it at? Ethically, I'd say no, but legally, probably yes.12/19/2014 - 11:20am
ZippyDSMleeAnd I still spent 200$ in the last month on steam/GOG stuff sales get me nearly every time ><12/19/2014 - 10:55am
ZippyDSMleeMaskedPixelante:And this is why I'm a one legged bandit.12/19/2014 - 10:51am
ZippyDSMleeE. Zachary Knight: I buy what I can as long as I can get cracks for it...then again it I could have gotton Lords of the Fallen for 30 with DLC I would have ><12/19/2014 - 10:50am
MaskedPixelantehttp://www.joystiq.com/2014/12/19/marvel-vs-capcom-origins-leaving-online-storefronts-soon/ Speaking of "last chance to buy", Marvel vs. Capcom Origins is getting delisted from all major storefronts. Behold the wonders of the all digital future.12/19/2014 - 9:59am
MaskedPixelanteSeriously, the so-called "Last Chance" sale was up to 80% off, while this one time only return sale goes for a flat 85% off with a 90% off upgrade if you buy the whole catalogue.12/19/2014 - 9:37am
E. Zachary KnightInfophile, Tha is why I buy only DRM-free games.12/19/2014 - 9:37am
MaskedPixelanteNordic is back on GOG for one weekend only. And at 85% off no less, which is kind of a slap in the face to people who paid more during the "NORDIC IS LEAVING FOREVER BUY NOW OR FOREVER HOLD YOUR PEACE" sale, but whatever...12/19/2014 - 9:28am
InfophileRe PHX's link: This is one of the reasons the digital revolution isn't all it's cracked up to be. There's also the flip side where Sony can block access to games you've bought if they ban your account for unrelated reasons. All power is theirs.12/19/2014 - 8:52am
MaskedPixelantehttp://uplay.ubi.com/#!/en-US/events/uplay-15-days You can win FREE GAMES FOR A YEAR! Unfortunately, they're Ubisoft games.12/18/2014 - 6:29pm
Papa MidnightAh, so it was downtime. I've been seeing post appear in my RSS feed, but I was unable to access GamePolitics today across several ISPs.12/18/2014 - 6:06pm
 

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