Re: In today's news...
So, the arguments on that
aforementioned California law to prohibit the sale of violent video games to minors started a couple days ago. You can read the transcript
You must be registered to see the links
if you scroll down. Judging by the transcript of the oral arguments so far, it's looking like the law is going to be ruled unconstitutional. Also, holy fuck these lawyers are bad at presenting a convincing case. Not just the one representing California, but the game industry lawyer too.
Anyways, choice quotes:
JUSTICE GINSBURG: Is there -- you've been asked questions about the vagueness of this and the problem for the seller to know what's good and what's bad. California -- does California have any kind of an advisory opinion, an office that will view these videos and say, yes, this belongs in this, what did you call it, deviant violence, and this one is just violent but not deviant? Is there -- is there any kind of opinion that the -- that the seller can get to know which games can be sold to minors and which ones can't?
MR. MORAZZINI: Not that I'm aware of, Justice Ginsburg.
JUSTICE SCALIA: You should consider creating such a one. You might call it the California office of censorship. It would judge each of these videos one by one. That would be nice.
JUSTICE SCALIA: What about excessive glorification of drinking, movies that have too much drinking? Does it have an effect on minors? I suppose so.
I -- I am not just concerned with the vagueness. I am concerned with the vagueness, but I am concerned with the First Amendment, which says Congress shall make no law abridging the freedom of speech. And it was always understood that the freedom of speech did not include obscenity. It has never been understood that the freedom of speech did not include portrayals of violence.
You are asking us to create a -- a whole new prohibition which the American people never -- never ratified when they ratified the First Amendment. They knew they were -- you know, obscenity was -- was bad, but -- what's next after violence? Drinking? Smoking? Movies that show smoking can't be shown to children? Does -- will that affect them? Of course, I suppose it will.
Judging by the transcript, it's looking like a 5-4 decision with Ginsburg, Sotomayor, Kennedy, Kagan, and Scalia voting to overturn the law.
