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Federal Judiciary

: Southern District of Florida

"People are naturally good." Jean-Jacques Rousseau

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Indeed! A NYC taxi driver returned my phone. Yipppeeeeeeeee!

It's the First Monday of October, and it's Justice Kagan's first Term. It should be an interesting one. Lots of coverage all over the blogosphere on the different issues before the Court. I really like the video game issue from California:

The Supreme Court, wading into a thicket of free-speech and children's rights issues, agreed Monday to decide whether California can ban the sale or rental of violent video games to minors.

The court will review a federal court's decision to throw out California's ban. The 9th U.S. Circuit Court of Appeals in San Francisco said the law violated minors' constitutional rights under the First and Fourteenth amendments.

California's law would have prohibited the sale or rental of violent games to anyone under 18. It also would have created strict labeling requirements for video game manufacturers. Retailers who violated the act would have been fined up to $1,000 for each violation.
The law never took effect, and was challenged shortly after it was signed by Gov. Arnold Schwarzenegger. A U.S. District Court blocked it after the industry sued the state, citing constitutional concerns.

Opponents of the law note that video games already are labeled with a rating system that lets parents decide what games their children can purchase and play. They also argue that the video games ? which the Entertainment Software Association says were played in 68 percent of American households ? are protected forms of expression under the First Amendment.
The decision to hear this case comes only a week after the high court voted overwhelmingly to strike down a federal law banning videos showing animal cruelty. The California case poses similar free speech concerns, although the state law is aimed at protecting children, raising an additional issue that could affect the high court's consideration.

Full post as published by Southern District of Florida on October 04, 2010 (boomark / email).

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