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Supreme Court Justice Kagan: Video Game Case Most Difficult

sjohnson
22 Comments

Posted August 3, 2011 - By Stephen Johnson

California Files Reply Brief In Violent Video Game Supreme Court Case

While she might not be able to knowledgeably discuss frame-rates, latency issues, or fighting game combos, U.S. Supreme Court Justice Elena Kagan recently had some interesting things to say about video games. Kagan and the rest of The Court recently ruled that video games are protected speech under the Constitution in Brown Vs. EMA, a case Kagan calls the most difficult case in the current Supreme Court term.

"I sweated over that mightily," Kagan told The Aspen Daily News.

"It was the case where I struggled most and thought most often I’m on the wrong side of it," she said. "You could see why the government would have wanted to do this and you can see the kind of danger it was worried about, the kind of effects these extremely violent video games have on young people."

"But I couldn’t figure out how to square that with our First Amendment precedence and precedence is very important to me," she said.

"I think what you have to say, and people have been saying this, is this is a court that is extremely protective of the First Amendment and extremely protective of speech," Kagan said. "There is no question the court has a very expansive view of the First Amendment."

Kagan also suggested it would be a good idea to allow cameras in to the Supreme Court, which would have allowed us all a chance to watch the most wise, learned men and women in our nation discussing the merits of Postal 2. This is something that all taxpaying citizens need and deserve.

Source: Aspen Daily News (Via GamePolitics)

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Supreme Court Justice Kagan: Video Game Case Most Difficult
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BlogThread_715083
  • DPsx72

    Attack? Shut it down. Just think of how many millions of dollars wouldn't be pissed away on movies. Hey maybe that's a good way to reduce the debt.

    Posted: August 4, 2011 10:11 AM | Reply | Report
    DPsx72
  • SirBucketofHead

    While they're at it, why don't they attack the movie industry?! AND DON'T GET ANY IDEAS GOVERNMENT!

    Posted: August 4, 2011 9:23 AM | Reply | Report
    SirBucketofHead
  • chuckydoll78

    It's the show Glee that's doing it and those kids bop cds I would kick someone in the face if I heard that crap

    Posted: August 4, 2011 6:51 AM | Reply | Report
    chuckydoll78
  • Chi_Quan

    Two words, Parental Control. Four more words, You can't fix stupid.

    Posted: August 4, 2011 6:18 AM | Reply | Report
    Chi_Quan
  • ephilon226

    You cannot blame video games for kids that are just plain stupid, for trying to reenact what they see in a violent video game. It is up to parents to decide whether or not they think their children are mature enough to handle certain content, kind of why they have ESRB ratings. But you see parents buying their 8 year old kids Call of Duty, Gears of War, etc... A brilliant person once said "Stupid people are just plain stupid" games are not at fault, people are.

    Guns don't kill people, people kill people; don't blame the tool, blame the user.

    Posted: August 4, 2011 2:32 AM | Reply | Report
    ephilon226
  • Ikilledthegoat

    i think i might actually be a more violent person if i couldn't kill civilians in saints row/GTA, or shoot people in halo (not COD because it sucks and makes me more stressed) etc. every "bad" game out there provides an outlet for all the urges you get to beat the *bleep* out of the person next to you on the bus, or in the store.
    so yeah, video games actually stop violence

    Posted: August 4, 2011 1:51 AM | Reply | Report
    Ikilledthegoat
  • matthouston

    people need to stop trying to ban video games it will never work i mean come on at any time of the day you can play call of duty black ops and there is anywhere between 400 to 600 thousand players world wide and that is just on the PS3

    Posted: August 4, 2011 12:54 AM | Reply | Report
  • SpadeS187

    Here are just a few examples of what might be the issue. First let's look at something I'm sure we have all witnessed. A parent walks into a store buys her 12 year old son GTA 4. She soon returns outraged at what her son just witnessed. The store clerk proceeds to explain the ESRB. Okay the ESRB is well known, and states every type of material that may be unsuitable for children. Boy is playing a game online and hears obscene language online. He repeats these words and tells his parents online. Furious, the parents make a huge fuss out of the problem. FACT: Every game online clearly states that they can not be held responsible for any content seen or heard online. This is stated not only on the package the game software comes in, but also before you start the game, and even sometimes before you are even in the online feature. It seems there is a growing trend of parents not paying attention to thier children. So, the next time you go to buy Timmy, or Susan a game perhaps you should learn something about what they're asking for instead of blindly buying something that will keep them entertained so you don't have to.

    Austin

    Posted: August 4, 2011 12:38 AM | Reply | Report
  • d2god09

    My girlfriend doesn't play video games and she is plenty violent.. Case closed!

    Posted: August 4, 2011 12:32 AM | Reply | Report
  • 77777777

    They should so play Shadow of the colossus, when it's remastered.

    Posted: August 4, 2011 12:30 AM | Reply | Report
  • DevilishHornet

    Ok, there is no REAL evedince that videogames have negitive effects on people. Thats the reason I hate Fox news is for the whole rape-Bulletstorm thing. But anyways, even if that was true there are a lot of people out there that have no friends at school and at work but on xbox they are the person everyone wants to be with. So wouldn't banning videogames be bad and possibly cause some seriouse trouble with those people?

    Posted: August 3, 2011 1:19 PM | Reply | Report
    DevilishHornet
  • BigRedDawg

    I don't understand how Video Games are different than Movies. Why wouldn't this ruling make it illegal to keep children out of R movies?

    Posted: August 3, 2011 1:16 PM | Reply | Report
    BigRedDawg
  • SourProphit

    There's no need for hysterics, now. I can certainly see how video games can influence a person to becoming actually violent.

    The thing is, the people who are susceptible to said influence are a one in a million, vast minority of a populous, and were already ticking time-bombs. If it weren't a game, it would have been a movie or song or commercial that sent them over the edge.

    It's very common in America, and I'd wager just as common in the rest of the world; people overreact and try to solve the wrong problem. Games aren't the only thing people have demonized in the interest of societal harmony.

    Posted: August 3, 2011 12:48 PM | Reply | Report
    SourProphit
  • Das_Mann04

    It may sound stupid that a case has gone this far. By doing this SCOTUS has now established that video games are now protected under the 1st Amendment and now can be used as an established precedent.

    Posted: August 3, 2011 12:16 PM | Reply | Report
    Das_Mann04
  • AK1RA666

    Why is it that Postal 2 is always used as an example. The "children" these people are trying to "protect" are too young to even know what Postal 2 is.

    Posted: August 3, 2011 11:27 AM | Reply | Report
    AK1RA666
  • yogi_bear_rules

    this wouldn't be an issue if we keep stupid people out of court.

    Posted: August 3, 2011 11:26 AM | Reply | Report
    yogi_bear_rules
  • slimmer

    CANT SOLVE THE PROBLEM ? MAKE IT A CRIME .....mmm more criminals .....yummy for Wack-N-Hut....ha ha ha ha

    Posted: August 3, 2011 10:39 AM | Reply | Report
    slimmer
  • DPsx72

    I too am proof. Been playing and collecting since the Atari days and not once have I been in trouble. I'd rather place the blame on pathetic movies and music but I think the reality is that the parents need to guide their children, and those who do stupid things need to accept their blame instead of finding an easy scapegoat such as gaming or other entertainment.

    The only 'proof' these frauds have found is that games can change a persons mood, offering excitement or stress relief. No matter how they misread it no permanent changes can be attributed to gaming. And I've played all the 'bad' ones, from Doom to MK to GTA. You have to be troubled beforehand for gaming to have a negative effect. The judges made the right decision and as long as parents are doing their job instead of an electronic babysitter then we shouldn't have much to worry about.

    Posted: August 3, 2011 10:33 AM | Reply | Report
    DPsx72
  • slimmer

    @ geomancer21...
    "I don't see the danger at all"
    ........That's because there is NONE ..... people have more to worry about with RITALIN being prescribed to our children.

    Posted: August 3, 2011 10:33 AM | Reply | Report
    slimmer
  • slimmer

    I do not even know where to start with, our SCOTUS does not know who Jane McGonigal is ?
    Video games are NOT actual violence how STUPID can our SCOTUS be for even letting this go so far.

    NO ONE HAS A LEGIT ARGUMENT AGAINST VIDEO GAMES.....PERIOD!!! please stop treating people especially children like they are retarded.

    Posted: August 3, 2011 10:29 AM | Reply | Report
    slimmer

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