Law of the Game Tackles Brown v. EMA Decision

July 11, 2011 -

Mark Methenitis finally delivers a Law of the Game column over on Joystiq that tackles the Brown v. EMA Supreme Court decision. First he apologizes for the delay, then jumps right into the important take-aways that impact the industry and the public.

First he points out that the Supreme Court decision was the "best possible outcome, both for the game industry and for the public at large" and that the opinion "was the most consistent with existing case law and contemporary First Amendment legal theory." In other words, it's a decision that was actually born out of the application of constitutional law and earlier precedents set by the court. He also notes that it was a very good thing that the Supreme court ruled that new types of media - interactive or otherwise - should not be treated any differently than past or current forms of media like books and movies.

Next he talks about obscene content and how the definition has been set for very many years. This excerpt below is pretty compelling on that subject:

"The law in the United States has been pretty well settled on what we consider 'obscene' for quite some time, and the Court's continued stance that those boundaries should not be changed was quite reassuring to the preservation of free speech. To be frank, the Court's discussion of violent content in children's material was more or less perfect, as was the indication that interactivity in media does, to some degree, pre-date the game industry. With this opinion, it seems unequivocal that violent speech, in the Unites States, is simply off the table for regulation at all levels, provided the means of production are not illegal already."

Methenitis goes on to analyze the opinion of Justice Alito and the dissenting views of Justices Thomas and Breyer in great detail. As is the case with Law of the Game columns on Joystiq, this latest edition is thoughtful, in-depth and informative, even if it is a slight bit tardy. You can read the whole thing here.


 
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WonderkarpConster, I was quoting Anita Sarkeesian01/24/2015 - 10:39pm
ZippyDSMleeodd its not wanting to post half the time 0-o01/24/2015 - 10:21pm
ZippyDSMleetest01/24/2015 - 10:21pm
ConsterWonderkarp: did the US actually bomb Japan back to traditional values? My history lessons were eurocentric, so I wouldn't know.01/24/2015 - 9:39pm
ZippyDSMleeeffect like confusion,ect. QTEs are a gimmick that can easily be shallow because you are looking to mess with conditioned responses and nothing messes with them more than random gameplay changes..01/24/2015 - 7:58pm
ZippyDSMleeWonderkarp: They tried to be natural with God Of Wars QTE’s, sometimes it felt random which I hate the most in QTEs. The way you interface with gameplay (press X to get X result) should never rely on randomly generated mechanics unless it’s a status01/24/2015 - 7:57pm
Andrew EisenI've passed your comment on.01/24/2015 - 5:45pm
Neo_DrKefkaHey GamePolitics staff can you guys work out the way the ads are delivered via mobile? Sometimes any attempt to do anything on this site automatically forwards you to download "Flappy bird" on a shady site or another thing. It just hijacks my Safari01/24/2015 - 3:47pm
WonderkarpI feel like the only good QTEs were the ones in the God of War series. I dont know why though.. maybe its the visceral carnage01/24/2015 - 1:13pm
ZippyDSMleeprh99: QTEs are dumb I ever understood the need for them outside being cheap and wanting to pad mechanics with scripted events that use only a few buttons.01/24/2015 - 12:58pm
InfophileAnd a more detailed breakdown of expenses here: http://imgur.com/L46SUMw01/24/2015 - 12:42pm
InfophileFor anyone still complaining about where the funding for Tropes vs. Women went: https://www.dropbox.com/s/q4z6qa561roidh5/femfreq_annualreport2014.pdf?dl=0 (page 16) Not that this will actually stop claims of fraud, but it's good to have a counter.01/24/2015 - 12:38pm
prh99Linux kernel patch breaks Witcher 2. Apparently it was a wrapped Windows version instead of native port. http://m.slashdot.org/story/21270301/24/2015 - 11:12am
prh99I am not a fan of QTEs. Toggle joystick to break away from an enemy is ok...01/24/2015 - 12:26am
Goth_Skunk@WonderKarp: *fistbump*01/24/2015 - 12:00am
ZippyDSMleeIts like they took the fiction from soemthing else and tried to impose it on the Turok IP 0-o01/23/2015 - 10:14pm
ZippyDSMleeuhg I mean they did not need the dumb story and needed more unreal crazy combat.01/23/2015 - 10:13pm
ZippyDSMleestyle gameplay not generic shooter stuff.01/23/2015 - 10:11pm
ZippyDSMleeI loved what they were trying to go with in 3 but it was rather messed up and buggy. Evolution is a typical corridor shooter of the time. The newer Turok is half right they just needed the non-super realistic grim dark story and more crazy Unreal style ga01/23/2015 - 10:11pm
Wonderkarpshe going to do a video on how America Bombed Japan Back To Traditional Values Next? Or one on how Toxic Masculinity in Culture causes Shootings?01/23/2015 - 10:10pm
 

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