Supreme Court Strikes Down Calif. Video Game Law

Reprinted from my blog, Cyber-Esq.  The full Supreme Court opinion is in the Box under “Brown v. Entertainment Merchants Video Game Case:”

On Monday, the U.S. Supreme Court ruled, in a 7-2 opinion, that a 2005 California law aimed at banning the sale of violent video games to children went too far.  Created by California state Senator Leland Yee (D-San Francisco), the law imposed a fine of up to $1,000 on retailers found to be in violation.  However, because of the litigation, the law never went into effect.

This is the highest-level decision to date on the subject of legal restrictions on violent video games.  In the wake of the Court’s decision, one thing is now clear – video games are entitled to the same First Amendment protections as books, plays and movies.  Moreover, the Court emphasized that First Amendment protections are subject only to historically limited categories of speech such as obscenity, incitement or fighting words.  These protections do not wane with the advent of new technologies.  As a result, the state – as California did – cannot create a wholly new category of speech that is unlawful unless it can meet the “strict scrutiny” test; i.e., justify its law with a “compelling state interest.”

On the question of “strict scrutiny,” the Court found that California failed to meet its burden.  Of specific interest, the Court doubted the strength of psychological evidence that claims such games cause children to behave violently or aggressively, at least more than any other available media.  In addition, the Court found that the voluntary rating system – known as the Entertainment Software Ratings Board‘s (ESRB) classification system – already achieved the needs of parents without the government enacting legislation that infringes on free speech.

According to an article in ZDNet:

“the majority of video game resellers in the United States – including major retailers like GameStop and Best Buy – support the use of the…(ESRB) classification system, which rates games based on content and applies an age rating, which is featured on the video game box. It’s a purely voluntary system modeled after the Motion Picture Association of America’s ratings for movies.”

What do you think of the Court’s decision?  In particular, the Court mentioned the fact that California had not limited access to “Saturday morning cartoons” in support of its decision, indicating that this raised the possibility that the state was singling out a particular industry or speaker for sanction.  Is this a defensible analogy to violent video games?

 

Thank You, Mr. President!

Citizens Thanking President Obama

Much is being written all over the Internet today about President Obama’s speech last night, what these events portend, who should take credit for bin Laden’s death, and whether credit should be apportioned for political gain.  I am re-printing here what I wrote in a Note to my friends on Facebook this morning, entitled “President Obama:  Getting The Job Done:”

I am reading with great interest some of the comments here and elsewhere in reaction to yesterday’s news from the President that Osama Bin Laden has been neutralized.

While I agree with the concerns that we not “rest on our laurels,” so to speak, simply because Bin Laden was taken out, I don’t think any reasonable person can deny that President Obama has achieved an extraordinary outcome benefiting our Nation.  He, and those around him, have done what the Bush Administration merely paid lip service to in order to advance their own distorted view of world order.

President Obama demonstrated to me the qualities of a true Commander-in-Chief — contemplative and cautious when he was presented with information about Bin Laden’s whereabouts; yet, determined and decisive, when it came down to striking out.

In everyday speak, folks, that’s called “Gettin’ ‘er done.” He deserves our praise, thanks, and respect.  Can you imagine what the press, the people, the Republicans would be saying had this mission gone the way of President Carter‘s failed attempt to rescue the Iranian hostages.  Remember that?

President Obama is not the kind of President who would, now, shrug his shoulders and say, “Guess that’s over and done with…We can all rest easy…Mission accomplished.”  Whatever doubts I may have from time to time about our President, who does not make me happy all of the time, my faith in him was strengthened immeasurably last night.

Beyond this Note, all I have to say, as a citizen of the United States, is thank you, Mr. President.  You make me proud of our Nation!

Related articles

• Obama succeeded where former US leaders failed (afroaddis.wordpress.com)
• Goodbye Osama Bin Laden – You will not be missed (christopherjudson.wordpress.com)
• PHOTO: Obama Team Watches Operation To Kill Bin Laden (oliverwillis.com)

Thank You, Thank You!

Another milestone was reached here at CRW this month.  The blog now has in excess of 20,000 unique page views.  I am so thankful to all of you who took time from your busy schedules to check out my blog.  Thank you!