Comments on: California appeals VSDA v. Schwarzenegger to SCOTUS

By: PHX Corp

PHX Corp — Thu, 23 Jul 2009 01:13:29 +0000

Well, Yee and the eagle forum just cemented the video game law’s petition to be denied

By: BearDogg-X

BearDogg-X — Fri, 19 Jun 2009 03:25:50 +0000

@ jdun

Supreme Court precedent says that “indecency” and “obscenity” only applies to sexual material, so yes, the First Amendment does indeed bar legislation against “violent” video games.

By: E. Zachary Knight

E. Zachary Knight — Mon, 15 Jun 2009 17:40:16 +0000

@ Dan,

Yeah some people are blind to judicial precedence. Just like arnold and the California DA.

By: Dan

Dan — Mon, 15 Jun 2009 06:55:37 +0000

jdun: are you serious?

By: jdun

jdun — Mon, 15 Jun 2009 06:41:08 +0000

I don’t see anywhere that the 1st Amendment bar legislation against selling “violent” video games to minors. Pornographic magazines are bar from selling to minors so CA does have a case.

With that said the majority are now originalist so strict scrutiny favor the video game industry.

By: NinjaJustice

NinjaJustice — Fri, 22 May 2009 21:53:09 +0000

The second issue borders on frivolous. All that deference-to-the-legislature language from Turner in CA’s petition is lifted from the Court’s application of INTERMEDIATE SCRUTINY to a content-neutral law that required cable companies to carry local broadcasts, not a law that explicitly restricts speech based on violent content.

By: BearDogg-X

BearDogg-X — Fri, 22 May 2009 12:45:45 +0000

I already said this on GamePolitics, but I’ll repeat my answers to the two questions here.

1)Yes, the First Amendment does indeed bar legislation against selling “violent” video games to minors.

2)Yes, the state is required to provide a “direct causal link”. Since you are directly contradicting a constitutional amendment(even with the “yelling ‘FIRE!’ in the crowded theater” argument), you need absolute proof that the speech in question is “harmful”. It’s never been done, and never will be.

Besides that, not only is the evidence against California, the statistics are against California as well, since M-rated game sales to minors only represent less tham 1% of all video game sales, making their argument ludicrous.

It’s really pathetic on California’s part to make a longshot appeal on this clearly unconstitutional pile of crap with the state being $21 billion in the hole.