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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Andrew EisenAh TERA. I made a video about TERA censorship. One of my more popular ones. https://www.youtube.com/watch?v=AO26h9etTbw07/31/2015 - 8:52pm
Goth_SkunkI've been playing TERA all day. Just took a break to barbecue some chicken. :3 And Andrew: I'm using Cabal to suggest a group of people secretly united in some private views or interests within a community.07/31/2015 - 8:50pm
Andrew EisenI'd love to but I'm at work. But once I get home... I'm going to work out for a while. But after THAT... I'm going to shower. Then eat. Then prep tomorrow's meals. And THEN play video games! YEAH!!!07/31/2015 - 8:38pm
Big Permlol, ya'll are still going back and forth? Take a break and play some video games07/31/2015 - 8:37pm
Andrew EisenGoth - Are you using "cabal" to describe a group of writers or to suggest they all worked together in secret to publish those articles?07/31/2015 - 8:30pm
Andrew EisenMatt - That doesn't disprove the general premise of the various articles as that's not what they're about. Unless, again, he's talking about a different batch of articles.07/31/2015 - 8:28pm
Goth_SkunkThe difference between one voice being offensive and a cabal being offensive.07/31/2015 - 8:22pm
MechaCrashFunny how "you're offended, so what" flips into "we're offended, retract everything and apologize."07/31/2015 - 8:18pm
MattsworknameIts not the only argument he points out ,its just one of them07/31/2015 - 8:06pm
Mattsworknameidea that Gamers as the articel puts it, the "White male sterotype are dead, essentially was compltely false07/31/2015 - 8:03pm
MattsworknameThe video actually shows that the shaw study actually disproves the Premise of the artices by showing that the "Gamer" dentity, has no actual meaning to thsoe who use it other then "I play games", its not connected to race, gender, or orientation. So the07/31/2015 - 8:01pm
Andrew EisenWith the exception of a brief mention in Golding's Tumbr post. Even so, he's talking about gamer identity, not desire for diversity in gaming.07/31/2015 - 7:50pm
Andrew EisenI'm not calling his examination of the Shaw study into question. I haven't read the study nor seen his video. All I'm saying is that it has nothing to do with the Gamers Are Dead articles I've been referencing for the last year.07/31/2015 - 7:49pm
MattsworknameSome times sargon just goes off on tangents but in this case he was pretty direct and went through teh research in detail, did the whole first video about the shaw study itself07/31/2015 - 7:45pm
Andrew EisenWell, unless it's disingenuous twaddle but I like to give people the benefit of the doubt.07/31/2015 - 7:42pm
Andrew EisenGotta be. The argument you describe makes no sense otherwise.07/31/2015 - 7:40pm
MattsworknameThat is a possibility, they looked like offical articles but its possible they are different from the articles you mentoin07/31/2015 - 7:28pm
Andrew EisenNot unless he's referring to a completely different set of Gamers Are Dead articles.07/31/2015 - 7:19pm
MattsworknameIT is possibel the articles aren't readily visable or no longer show up on the sites diretly, as over time they might have been shuffled around to get them outta teh spot lights07/31/2015 - 7:18pm
MattsworknameThe video proves otherwise andrew, the links to shaws research are in the articles themselves07/31/2015 - 7:17pm
 

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