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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quiknkoldbut I am also certain nobody in their right mind is committing these shootings singing the Machoman song. these are sick individuals who have given up on life10/24/2014 - 9:51pm
Technogeekevopsych lol10/24/2014 - 9:49pm
quiknkoldWhen you suffer from mental illness, youre more likely to go by instinct. yes. I came off as sexist.10/24/2014 - 9:46pm
quiknkoldmore on somthing they are fixated on. Post Partum Depression is an example. This is why a woman is less likely to go off on a rampage.10/24/2014 - 9:44pm
quiknkoldA Mother will fight to protect her children or her mate. This does not mean they are any different then males when it comes to destruction and mental illness. A Woman has just enough opportunity to be sick like a man. The difference is they will focus10/24/2014 - 9:43pm
quiknkoldsociologist. I've spent years observing and I've come to the conclusion that a big reason men and women are different is because Women are Protectors. Women wont wantonly kill because they are all about protecting what they care about. They are wired this10/24/2014 - 9:43pm
james_fudgeYeah having a penis probably doesn't have a lot to do with it10/24/2014 - 9:32pm
quiknkoldIts Mental Illness. Nobody who is actually sane would willingly walk into a school and commit that. its Mental Illness topped with Teenage Angst. and I'm going to say something that may be construed as sexist, but I dont mean it as such. I mean it as a...10/24/2014 - 9:29pm
Matthew WilsonIt is a worth while discussion, but I dont agree with here premise. I dont belive it has anything to do with masculinity.10/24/2014 - 9:13pm
Andrew EisenAgreed but it's not untrue either. I think it's worth examining and discussing why mass shootings are almost always (if not literally always) committed by males.10/24/2014 - 8:57pm
quiknkoldhttps://pbs.twimg.com/media/B0wOJ4MCIAA8-YW.png yeah.... this isnt helping anybody.10/24/2014 - 8:20pm
E. Zachary KnightAE: some devs here in Oklahoma got accepted to make WiiU games. They are college kids who haven't graduated and are making games out of their dorms. They deserve it too.10/24/2014 - 6:25pm
MechaTama31CMiner: Raising such a concern now would get you branded as a GGer regardless of whether you're actually waving the flag or not.10/24/2014 - 6:19pm
Andrew EisenMore on how Nintendo runs the eShop today (no parity clause, no concept approval, devs can run sales when they want, indies don't need an office): http://www.develop-online.net/news/nintendo-eshop-has-no-parity-clause/019921110/24/2014 - 6:13pm
Papa MidnightAndrew Eisen: https://www.reddit.com/r/eyebleach (Seriously. If you ever need pictures of kittens, and the like).10/24/2014 - 3:58pm
Andrew EisenDammit, now I'm all depressed. I must find pictures of kittens.10/24/2014 - 2:38pm
MaskedPixelantehttp://www.businessinsider.com/shooting-at-pilchuck-high-school-in-marysville-washington-2014-1010/24/2014 - 2:15pm
Andrew EisenIn case anyone was wondering, Nintendo's eShop no longer does that "you don't make money until you've sold x units" thing. http://www.develop-online.net/news/nintendo-no-minimum-sales-needed-for-eshop-revenues/019921010/24/2014 - 1:52pm
MaskedPixelanteGOG needs better web developers. Someone dug into their countdown timer, found numbers using fonts from Indiana Jones, Star Wars and Monkey Island, and pretty much confirmed that LucasArts is coming on Tuesday.10/24/2014 - 1:43pm
Papa MidnightI've seen glowing reviews for Bayonetta 2 so far.10/24/2014 - 1:17pm
 

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