The complexities of the SCOTUS case

So as expected, the Supreme Court released its ruling on the California bill today. And as slightly less expected, they ruled in the EMA’s favor. I thought the ruling was fairly obvious, but I was still a bit afraid that the Justices wouldn’t understand games enough to see the clear truth: they’re a medium worthy of protection like any other.

The really funny bit, though, has been seeing arguments from the ruling’s detractors. Leeland Yee and Common Sense Media make it sound as if this law was the only thing standing between a grade-schooler and Mortal Kombat. Put in this context, the SCOTUS decision makes no sense. It sounds like the Justices just hate kids.

But this context also circumvents all the actual legal points. You’ll notice that Yee didn’t mention the Miller Test or obscenity law or precedent. That’s because all of those are damaging to his case. All of those are the reasons he lost. It’s intentionally reframing and simplifying the issue to make it “do you want to protect children or are you a terrible person?”

A lot of outlets pointed out how Alito laid a roadmap to redraft the law. I’m not terribly afraid of it, though. A major factor in his summary was that all media has to be treated equally, and there is no way California is going to draft a law to restrict Hollywood. Without that, it will fail strict scrutiny for the same reasons.

  • This year’s Summer of Arcade games seem really strong. I’m kind of tempted by the offer for free Crimson Alliance. If I would buy each of the other games regardless, getting Fruit Ninja for a free copy means I save five bucks on it. But I’ll have to try out the demos for each one to see if I want to blow that kind of money in July.
  • The only Dual Pack I’d be interested in, I’ve already played both of. It’s kind of a weird move. After the Greatest Hits and Favorites line, they’re releasing a new kind of budget title. I doubt there will be market confusion, but it seems like these could be consolidated somehow.
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