Happy Independence Day

July 4, 2011 -

Happy Independence Day, everyone. We are taking a day off to enjoy the weather, good food, excellent company, and our freedom. We'll be back to our regular schedule tomorrow. This July 4 is made all the more important in light of the recent decision in Brown v. EMA. While a great victory was won on behalf of free speech. The door is still open and the wolf is lying in wait.

Our liberties and our freedoms mean everything. We should never forget the sacrifices made on behalf of those freedoms and we should always be vigilant, never be complacent, and always ready to stand up for what is right and just.

Happy Independence Day.


Comments

Re: Happy Independence Day

I don't think Brown vs EMA was a great victory on behalf of free speech. It was a great loss for the principles of Federalism. There is nothing in the Constitution that says that individual states have to allow minors to buy videogames at all. I think that wasn't a very good law in California, but it was perfectly Constitutional, and it was passed by the duly elected representatives of the people. It is none of the business of unelected judges to overturn such a law. The right way to get it overturned would be to elect canidates who would overturn it through the legislative process.

Re: Happy Independence Day

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


When the SCOTUS makes a Federal decision on the Constitution, in covers all the states (Georgia tried that with the Freedom of Religion back in 1939 because the 1rst Amendment says "CONGRESS shall make no law..." but that only ended in the SOCAS, bringing it down from Fedral to State level).

Now cybernatography definitely qualifies under the 1rst Amendment (as I have said repeatedly).

1. It is Free Speech, given its narrative.

2. It is Free Press, given its published works.

3. It is Peaceful Assembly, given its online multiplayer.

Now. Do you need anymore proof?

Re: Happy Independence Day

Re-read the Constitution, motard. Hell, re-read Scalia's majority opinion in Brown v. EMA.

Brown v. EMA wasn't just about selling games to minors. It was also about a state trying to treat one form of free speech differently than others, on the basis that the speech in question is "dangerous", "new", and "more interactive than the others".

Article III gives the Supreme Court(and the courts below them) judicial review of all laws passed by the US Congress(and affirmed through Marbury v. Madison), and through the Fourteenth Amendment, all laws passed by the states, thus making it the business of the "unelected judges" to overturn a law if it's found to be unconstitutional.

The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Edit: The Ninth Amendment states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Meaning that just because a right is not explicitly guaranteed in the Constitution doesn't mean that the right in question doesn't exist.

Section 1 of the Fourteenth Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." (Note: for Constitutional purposes, corporations like Microsoft, Sony, Nintendo, etc. are considered to be people, as a corporation is a collective of persons.)

To summarize: California passed a law abridging the freedom of speech; the video game industry petitioned the Government for a redress of grievances as the Judicial branch is part of the government; Federal district judge overturned the law as unconstitutional; California appealed to Ninth Circuit Court of Appeals; Ninth Circuit affirmed lower court ruling; California appealed to U.S. Supreme Court; SCOTUS affirmed Ninth Circuit ruling.

The representatives in the California State Legislature being elected by the majority of people in their districts is irrevalent. The Constitution protects the minority from the tyranny of the majority.

Bottom line: California's law was never "perfectly Constitutional", and California lost. Deal with it.

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: Happy Independence Day

hm, disdain for judges.  Not believing that video games are speech protected by the first amendment.  Now all we need is a false statement about how the MPAA is enforced by the rule of law and we might just get suspicios that ol' John Bruce is using a false identity to spread his lies again.

-Ultimately what will do in mankind is a person's fear of their own freedom-

Re: Happy Independence Day

I asked you before, I'll ask you again: "How is a law that singles out a particular medium for a content-based restriction aimed at a select group of individuals "perfectly Constitutional"?"

Also:

"It is none of the business of unelected judges to overturn such a law. The right way to get it overturned would be to elect canidates who would overturn it through the legislative process."

Just out of curiosity, is this how you think it should work or how it does work?

 

Andrew Eisen

Re: Happy Independence Day

Wrong. This was exactly the right way to get the law overturned.

The Supreme Court of the United States was established by the Constitution for the purpose of reviewing laws passed by the US government and with the passing of the 14th ammendment the state governments to check the constitutionality of the law.

It is part of the whole checks and balances aspect of our govenrment. Without the check from judges, govenrments would be free to pass any law they wanted with no possible reprieve from unjust laws.

E. Zachary Knight
Divine Knight Gaming

Re: Happy Independence Day

Happy Independence Day to all the GP community! I hope yours is a pleasant one.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

 
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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
E. Zachary KnightI read that comment now and frankly, I think that guy is reading too much into this. The press talk to each other. It happens. There is nothing that can be done to stop it from happening.09/19/2014 - 11:49pm
KronoUnfortunately it seems unlikely to be resolved anytime soon.09/19/2014 - 11:45pm
Krono@EZK No that's not the comment. As for wanting nothing do with any of it, that's perfectly understandable.09/19/2014 - 11:44pm
Sleaker@Conster - sand?09/19/2014 - 11:40pm
 

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