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Professor: SCOTUS Should Use Schwarzenegger Case to Fix its ?Extreme? First Amendment Stance

By pete_gallagher

In an opinion piece appearing in the Los Angeles Times, Pepperdine University constitutional law professor Barry McDonald argues that the Supreme Court should use Schwarzenegger vs. EMA to 'adjust its severe approach to content-based regulations of speech.'

McDonald opined that the California law in question 'puts teeth' in the attempt to stop kids from buying violent games, and he notes that the plaintiffs in the case 'are not minors who are eager to receive the ‘speech' in question,' but game manufacturers themselves.

He continued:

Despite the fact that it seems the 1st Amendment is being used to protect the manufacturers' purses rather than their ideas, lower courts across the country have uniformly invalidated such video-game restrictions on free-speech grounds. Read More

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Full post as published by GamePolitics.com on November 17, 2010 (boomark / email).

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