Supreme Court Argument Summary [Update]

As you’re probably aware, today was the hearing in the Supreme Court regarding California’s proposed law which would see violent videogame sales restricted for children. Both parties submitted their arguments and the LA Times reports on a split between the justices

As the California lawyer read out his opening statement, Justice Antonin Scalia interrupted asking whether fairy tales would be banned too under law the, as they are similarly violent. This attitude continued as the proceedings went on, with Scalia again saying: “You are asking us to create a whole new prohibition… what’s next after violence? Drinking? Movies that show drinking? Smoking?”

Other justices presented the opposing arguments also: “Imagining a game that allows a player to torture babies,” Justice Stephen Breyer asked. “Why isn’t it common sense for the state to say ‘Parents, if you want your 13-year-old to play it you have to buy it?’”

Talking to the vidoegame industry’s lawyer, Justices have questioned why violence should not be limited, especially regarding the hypothetical baby killing game: “You can’t buy a [picture of] a naked woman, but you can buy that?” said Justice John Roberts. The videogame lawyer fought back, saying that restriction of sexual images have a history of regulation in America, violence does not.

A lengthy post on Kotaku also details the events, I suggest you read that and the full LA Times post for first-hand accounts. Elsewhere, GamePolitics has some images of the ECA rally that took place outside the Supreme Court this morning, as well as some further reading surrounding the subject and as linking to analysis by a legal blog, who notes that the core argument against the law was strong and so “California’s lawyer, Deputy State Attorney General Zackery P. Morazzini, found himself up against a wall of First Amendment passion against the specific statute he was sent to defend.”

Update: A full transcript has been posted by the Supreme Court, here to download in .pdf. G4 has pulled out some of the more interesting bits in two parts: One & two.

#2: The ECA has called the day’s proceedings “a historic day, not only for the computer and video game industry, but for the First Amendment” and was pleased with the performance of the attorneys.

We’ll update this post over the next day or so with anything else of value.