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Schwarzenegger v. EMA
As some of you may know, the Supreme Court heard oral argument today in a case about a CA law prohibiting the sale of violent video games to minors. This case has generated some seriously fabulous quotes.
Questions to the Petitioner (State of CA)
Justice Scalia: What's a deviant - - a deviant, violent video game? As opposed to what? A normal video game?
Justice Scalia: Some of Grimm's fairy tales are quite grim, to tell the truth.
Justice Scalia: There are established norms of violence?
Justice Scalia: A law that has criminal penalties has to be clear. . . . You know, I really wouldn't know what to do as a manufacturer.
Justice Scalia: I gather that -- that if -- if the parents of the minor want the kid to watch this stuff, they like gore, they may even like violent kids -- [laughter] -- then the State of California has no objection?
Justice Scalia: Juries are not controllable. That's the wonderful thing about juries, also the worst thing about juries.
Justice Scalia: Artistic for whom, a five year old? What a 5-year-old would appreciate as great art, is that going to be the test?
Justice Alito: Isn't the average person likely to think that what's appropriate for a 17-year-old may not be appropriate for a 10-year-old?
Justice Alito: Well, I think Justice Scalia wants to know what James Madison thought about video games. [laughter] Did he enjoy them?
Justice Sotomayor: So can the legislature now . . . say we can outlaw Bugs Bunny?
Justice Sotomayor: Would a video game that portrayed a Vulcan instead of a human being . . . be covered by this act?
Justice Sotomayor: So what happens when the character gets maimed, head chopped off and immediate after it happens they spring back to life and they continue their battle. Is that covered by your act? Because they haven't been killed forever. Just temporarily.
Questions to the Respondent:
Justice Breyer: Many parents have jobs, we hope. . . . All this says is that if you want that gratuitous torture of, let's say babies, to make it as bad as possible, what you do, parent, is go buy it . . .
Justice Breyer: What's the difference between sex and violence?
Chief Justice Roberts: We do not have a tradition in this country of telling children they should watch people actively hitting schoolgirls over the head with a shovel so they'll beg for mercy, being merciless and decapitating them, shooting people in the leg so they fall down.
Justice Scalia: You really don't want to argue the case on that ground. I gather you don't believe that the First Amendment reads, "Congress shall make no law abridging the freedom of speech except those that make sense." Is that -- ?
Justice Alito: It's one thing to read a description of... one of these video games as saying, "What's black and white and red all over? Perhaps the answer could include disposing of your enemies in a meat grinder."
And the moral of the story:
Justice Sotomayor and Justice Scalia, I love it when you get along! ♥ Also, case should probably be remanded re: narrowly-tailored, unless it's unconstitutionally vague on its face.
Questions to the Petitioner (State of CA)
Justice Scalia: What's a deviant - - a deviant, violent video game? As opposed to what? A normal video game?
Justice Scalia: Some of Grimm's fairy tales are quite grim, to tell the truth.
Justice Scalia: There are established norms of violence?
Justice Scalia: A law that has criminal penalties has to be clear. . . . You know, I really wouldn't know what to do as a manufacturer.
Justice Scalia: I gather that -- that if -- if the parents of the minor want the kid to watch this stuff, they like gore, they may even like violent kids -- [laughter] -- then the State of California has no objection?
Justice Scalia: Juries are not controllable. That's the wonderful thing about juries, also the worst thing about juries.
Justice Scalia: Artistic for whom, a five year old? What a 5-year-old would appreciate as great art, is that going to be the test?
Justice Alito: Isn't the average person likely to think that what's appropriate for a 17-year-old may not be appropriate for a 10-year-old?
Justice Alito: Well, I think Justice Scalia wants to know what James Madison thought about video games. [laughter] Did he enjoy them?
Justice Sotomayor: So can the legislature now . . . say we can outlaw Bugs Bunny?
Justice Sotomayor: Would a video game that portrayed a Vulcan instead of a human being . . . be covered by this act?
Justice Sotomayor: So what happens when the character gets maimed, head chopped off and immediate after it happens they spring back to life and they continue their battle. Is that covered by your act? Because they haven't been killed forever. Just temporarily.
Questions to the Respondent:
Justice Breyer: Many parents have jobs, we hope. . . . All this says is that if you want that gratuitous torture of, let's say babies, to make it as bad as possible, what you do, parent, is go buy it . . .
Justice Breyer: What's the difference between sex and violence?
Chief Justice Roberts: We do not have a tradition in this country of telling children they should watch people actively hitting schoolgirls over the head with a shovel so they'll beg for mercy, being merciless and decapitating them, shooting people in the leg so they fall down.
Justice Scalia: You really don't want to argue the case on that ground. I gather you don't believe that the First Amendment reads, "Congress shall make no law abridging the freedom of speech except those that make sense." Is that -- ?
Justice Alito: It's one thing to read a description of... one of these video games as saying, "What's black and white and red all over? Perhaps the answer could include disposing of your enemies in a meat grinder."
And the moral of the story:
Justice Sotomayor and Justice Scalia, I love it when you get along! ♥ Also, case should probably be remanded re: narrowly-tailored, unless it's unconstitutionally vague on its face.
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Also, hello from Japan. Long time no see.