Posts Tagged ‘justice scalia


UPDATE: Supreme Court Seems to Favor Games Industry

Order of the highest, most awesome court. Justice Scalia FTW!

It looks like the Supreme Court is a bunch of gamers at heart. At the end of Tuesday’s hearing for Schwarzenneger vs. EMA, which concerns First Amendment protection for video games, the judges picked away at Attorney General Zackery Morazzini’s ill-constructed arguments.

Claiming that some games are examples of “deviant violence,” Morazzini struggled to define what exactly the term meant. He contended that any depiction of a human being mamed, tortured, or sexually assaulted in a video game would apply.

Below is the transcript for part of the hearing. Kudos to Rock, Paper, Shotgun for getting this out on the web.


Justice Scalia: What’s a deviant violent video games? As opposed to what? A normal violent video game?
Morazzini: Yes, your honor. Deviant would be departing from established norms.
Justice Scalia: There are established norms of violence? … Some of the Grimm’s fairy tales are quite grim, to tell you the truth.
Morazzini: Agreed, your honor. But the level of violence ….
Justice Scalia: Are they okay? Are you going to ban them too?
Morazzini: Not at all, your honor.

Justice Ginsburg: What’s the difference? I mean, if you are supposing a category of violent materials dangerous to children, then how do you cut it off at video games? What about films? What about comic books? Grimm’s fairy tales? Why are video games special? Or does your principle extend to all deviant, violent material in whatever form?
Morazzini: No, your honor. That’s why I believe California incorporated the three prongs of the Miller standard (for identifying porn in legal cases). So it’s not just deviant violence. It’s not just patently offensive violence. It’s violence that meets all three of the terms set forth in … The California legislature was presented with substantial evidence that demonstrates that the interactive nature of violent — of violent video games where the minor or the young adult is the aggressor, is the — is the individual acting out this — this obscene level of violence.

Justice Kagan: Well, do you actually have studies that show that video games are more harmful to minors than movies are? Continue reading ‘UPDATE: Supreme Court Seems to Favor Games Industry’