Supreme Court Justice Kagan: Video Game Case Most Difficult


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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