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.


 
Forgot your password?
Username :
Password :

Poll

Poll: Is it censorship when a private retailer decides not to sell a particular video game?:

Shout box

You're not permitted to post shouts.
E. Zachary KnightWonder, I know you can revise content and resubmit it, but I can't findany information about a formal appeals process.05/28/2015 - 7:27pm
Wonderkarpever wonder if there's an appeals process for AO?05/28/2015 - 6:55pm
Matthew WilsonDanny and Andy play the first couple of levels of the upcoming Hatred http://www.gamespot.com/videos/hatred-gamespot-plays/2300-6425016/ imho it does not look like it should be AO.05/28/2015 - 5:57pm
Andrew EisenHey, remember Kung Fury? That short film that was funded via Kickstarter a few years ago? You can watch it now. I suggest you do. It's fun! https://www.youtube.com/watch?v=bS5P_LAqiVg05/28/2015 - 5:14pm
Goth_SkunkOriginally, yes. Some content was cut out in order to reduce its ratign from AO down to M, but PC users could work around that an unlock the full content by means of a patch. Which is what I did. :D05/28/2015 - 3:56pm
Andrew EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
WonderkarpDidnt Fahrenheit have an AO?05/28/2015 - 3:52pm
Matthew Wilson@AE that is why I said it seems more moral panic to me.05/28/2015 - 3:51pm
Andrew EisenMatthew - From what I've seen (just the trailers) the game is nowhere near as gory as many, many other games. But again, I'm guessing the AO rating comes from theme and tone rather than outright gore.05/28/2015 - 3:50pm
Andrew EisenKarp - It didn't show penetration or nudity.05/28/2015 - 3:50pm
WonderkarpI'd say Mortal Kombat X has more Gore and Violence than Hatred.05/28/2015 - 3:50pm
Matthew Wilsonwhat I mean by worse in this case its not more gory/violent than others.05/28/2015 - 3:48pm
WonderkarpI forget....did Hot Coffee actually show Penetration?05/28/2015 - 3:48pm
Andrew EisenKarp - The Skyrim mods are external mods. The Hot Coffee mod unlocked content on the disc. Big difference. Still, the content that was unlocked was still perfectly in line with an M rating in my opinion.05/28/2015 - 3:47pm
Andrew EisenThemes are factored into ratings, not just mechanics. Still waiting for ESRB's rating summary. Very curious to see what it has to say.05/28/2015 - 3:46pm
Matthew WilsonHatred is a top down shooter though, and isnt any worse than other top down shooters?05/28/2015 - 3:45pm
Wonderkarpyeah, San Andreases rerating was ridiculous. Why not rerate Skyrim with all its crazy sex mods out there? But yeah, ESRB is good as policing itself. 05/28/2015 - 3:45pm
Andrew EisenManhunt 2 and Hatred though? Eh, there's an argument to be made for the higher rating.05/28/2015 - 3:43pm
Andrew EisenRerating San Andreas was a mistake though. That seemed to be the result of kowtowing to public pressure.05/28/2015 - 3:42pm
 

Be Heard - Contact Your Politician