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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ConsterSleaker: if you think there's only been "a handful of" incidents, you have your head stuck *somewhere* - I'm assuming it's sand.09/20/2014 - 5:38am
prh99Most of it's agitprop clickbait anyway.09/20/2014 - 5:27am
prh99A good reason to stop reading reguardless of view pointhttp://www.theguardian.com/media/2013/apr/12/news-is-bad-rolf-dobelli.09/20/2014 - 5:22am
Andrew EisenWell this is unique! A musical critique of the Factual Feminist's "Are Video Games Sexist?" video. https://www.youtube.com/watch?v=-K4s7cV4Us409/20/2014 - 2:41am
Andrew EisenSome locked threads. Some let them be. So, no, I'm not seeing a problem here. No corruption. No collusion. No ethical problem with privately discussing ethics.09/20/2014 - 12:48am
Andrew EisenAnd still, in the end, Tito made up his own mind on how to handle his site. All 150 or so members went off to handle their own sites in their own ways. Some talked about it. Some didn't. Some changed disclosure policies. Some didn't.09/20/2014 - 12:40am
Andrew EisenThere were two comments other than Kochera and Tito's. One pointed out the Escapist Code of Conduct, another comment was in support of Tito.09/20/2014 - 12:40am
Andrew EisenKochera privately expressed his disagreement on how Tito decided to do something. No, I don't consider that crossing a line nor do I consider the exchange an example of the group pressuring him.09/20/2014 - 12:36am
Kronotechnical reasons. Anyways, I need to get to sleep as well.09/20/2014 - 12:29am
KronoAnd he wasn't the only one pushing Tito to censor the thread. If Tito had bowed to peer pressure, we likely wouldn't have gotten this http://goo.gl/vKiYtR which grew out of that thread. Said thread also lasted until a new one needed to be made for09/20/2014 - 12:28am
Krono@Andrew So it's an example of Kuchera crossing the line from reporter to advocate. And an example of the group pressuring for censorship.09/20/2014 - 12:21am
E. Zachary KnightAnyway, I am off to bed. I will probably wake up to all of this being knocked off the shout box.09/20/2014 - 12:20am
E. Zachary KnightKrono, that is the type of reading too much into things that bugs me. Ben did no such thing. Greg had the last word in that part of the exchange. The rest was about how to approach the story and Quinn.09/20/2014 - 12:19am
Andrew EisenSo?09/20/2014 - 12:13am
KronoExcept that the forum thread wasn't harassment, and Kuchera continued to push for the thread's removal after Tito made it clear he didn't consider it harassment.09/20/2014 - 12:12am
Andrew EisenPersonally, I see nothing wrong with someone offering their opinion or the other person making up their own mind on how to run their site.09/20/2014 - 12:06am
E. Zachary KnightKrono, I read nothing of the sort in that email chain. I read Ben giving advice on what to do when a forum thread is used to harass someone and spread falshoods about them and others.09/20/2014 - 12:05am
KronoThat's exactly what Ben Kuchera was doing to Greg Tito.09/19/2014 - 11:58pm
Krono@EZK So you see nothing wrong with one journalist pressuring a journalist from a different organization to not only not run a story, but to censor a civil discussion already taking place?09/19/2014 - 11:56pm
E. Zachary KnightI write for a number of blogs and talk to people who write similar blogs all the time for tips and advice. I see nothing wrong with that.09/19/2014 - 11:50pm
 

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