Was the U.S. Supreme Court Correct in Its Decision in
Brown vs Entertainment Merchants Association.
Mark Sbitnev
US History
Mr. Marusak
Fall Semester 2015
Introduction
On May 20, 2009, Governor Schwarzenegger and Attorney General Jerry Brown filed a petition for certiorari with the Supreme Court , asking the Court to hear an appeal of the 9th Circuit’s ruling(Gamasutra Article). In court the California argues that its Act may restrict the minors access to what they consider “offensive” material, even if the material has little to none violence. The Government asks to withdraw the First Amendment protections to minors based on poor evidence. The Supreme Court has long decided that the …show more content…
The government has no right to decide what is allowed for minors to see, that right is given to the parents. In a previous case, United States vs Playboy Entm’t Group, Inc, the Supreme Court stated that
“The citizens are entitled to seek out or reject certain ideas or influences without Governments interference or control”(Oyez).
The Court also announced that they will continue to put their trust in parents and not be controlled by politicians. California has decided to withdraw any interest in the idea of parents allowing children to play these games, and specifically targeted the idea of protecting the children. In most cases the children are usually supported by their parents when purchasing video games, and in others the parents have granted them permission earlier(Understanding Controversy and Society). In addition, the ESRB rating is already in place, which allows parents to view the games in more detail. The Entertainment Software Rating Board has labels on video games that deal with requested age, drug usage, and sexual undertones. FTC studies show …show more content…
The video game creators would have to be re-introduced to creative expressions that do not infringe on the Act. This would also create a catastrophe since other states would start creating their own laws and rules to filter out their content of choosing in video games. Minors are the people that can potentially improve the future society but will not be able to grow up fully minded adults if they are trapped beneath a bubble, said Judge Jackson(Understanding Controversy and Society). The Government could overrule only in narrow and well defined circumstances, the protection towards minors as long as it does not infringe on the