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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InfophilePut that way, "right to work" seems to have BLEEP-all to do with gay rights. Thing is, union-negotiated contracts used to be one of the key ways to prevent employers from firing at will. Without union protection, nothing stops at-will firing.07/07/2015 - 11:06am
Infophilehas an incentive to pay dues if they're represented either way, so the union is starved for funds and dies, unless things are bad enough that people will pay dues anyway.07/07/2015 - 11:02am
InfophileFor those who don't know, "right to work" laws mean that it can't be a condition of an employment contract that you pay union dues. That is, the right to work without having to pay dues. Catch is, unions have to represent non-members as well, so no one...07/07/2015 - 11:01am
MechaCrashUnexpected? Seriously?07/07/2015 - 10:55am
Mattsworknamejob they wanted without the unions getting involved. The problem is, it has some unexpected side effects, like the ones Info mentioned07/07/2015 - 8:49am
MattsworknameThe problem being, right to work states exsist specificly as a counter to Unions, as the last 20 or so years have shown, the unions have been doing this countries economoy NO favors. The right to work states came into being to allow people to work any07/07/2015 - 8:49am
Infophile(cont'd) discriminatory. This can only be done for protected classes which are outlined in law (race, sex, religion, ethnicity everywhere, sexual orientation in some states). So, a gay person could be fired because they're gay and have no recourse there.07/07/2015 - 7:27am
Infophile@Goth: See here: http://www.snopes.com/politics/sexuality/firedforbeinggay.asp for a good discussion on it. Basically, the problem is that in the US, most states allow at will firing, and it's the burden of the fired person to prove the firing was ...07/07/2015 - 7:25am
Goth_SkunkAssuming that's true, then that is a fight worth fighting for.07/07/2015 - 6:58am
Yuuri@ Goth_Skunk, in many states being gay is not a protected status akin to say race or religion. It's also in the "Right to work" states. Those are the states where one can be fired for any reason (provided it isn't a "protected" one.)07/07/2015 - 6:07am
Goth_Skunkregarded as a beacon of liberty and freedom that is the envy of the world, would not have across-the-board Human Rights laws that don't at the very least equal those of my own country.07/07/2015 - 5:47am
Goth_SkunkI find that hard to believe, Infophile. I have difficulty believing employers can *still* fire people for being gay. I would need to see some evidence that this is fact, because as a Canadian, I can't believe that the United States,07/07/2015 - 5:46am
InfophileFor that matter, even women don't yet have full legal equality with men. The US government still places limits on the positions women can serve in the military. And that's just the legal side of things - the "culture wars" are more than just laws.07/07/2015 - 5:43am
InfophileAnd that's just LGB issues. Get ready for an incoming battle on rights for trans* people. And then after that, a battle for poly people.07/07/2015 - 5:41am
InfophileA battle's been won. In many states employers can still fire people for being gay. And in many states, parents can force their children into reparative therapy to try to "fix" being gay. Those battles still need to be fought.07/07/2015 - 5:40am
Goth_Skunkand now they've switched to battles that don't need to be fought.07/07/2015 - 5:37am
Goth_SkunkIn my opinion, it was the final legal hurdle denying homosexual couples final and recognized statuses as eligible spouses. But even though this war's been won, some people are still too keen to keep fighting battles,07/07/2015 - 5:28am
Goth_SkunkAnd it's a trend I don't mind seeing continue. Same-sex marriage was at long-last made definitively legal by SCOTUS, and it's about time. I'm glad it's finally happened, as it was desperately needed.07/07/2015 - 5:25am
Infophile(cont'd) It started long before that. Perhaps the American Civil War comes to mind?)07/07/2015 - 3:59am
InfophileOn Goth's linked article: Historically speaking, there may have been cycles, but remember that the left has steadily gained ground. Is there a good reason to expect that to be different this time? (Oh, and no, Culture War 1.0 wasn't with the Baby Boomers.07/07/2015 - 3:59am
 

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