Monday, April 26, 2010

Entertainment Merchants Association (EMA) v. Schwarzenegger

The topic has been so heavily discussed that there it not much I can really add myself.....

Apparently the Supreme Court has agreed to hear the case, which has both great potential for good, and disaster.

On the one hand, if they rule in favor of the EMA, this may FINALLY put to bed the myriad of laws politicians have been passing over the last decade attempting to regulate game content and sales. These laws have universally been shot down by the courts, but have never made it to the highest court in the land, and having an actual SC decision might dampen their enthusiasm for illegal laws.

On the other hand, if they rule in favor of Schwarzenegger (which given John Paul Stevens's retirement and some of the Bush appointees, is a possibility), it would relegate an entire class of communication, anything 'interactive', to a second class status that does not enjoy 1st amendment protections. It would be the equivalent of, in the early part of the century, ruling that movies were not protected because moving pictures are not expressive art (which was argued at the time).

So in many ways, this is the big one.

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