The Lawbringer: Schwarzenegger v. EMA

Reader Comments (Page 1 of 1)

11-12-2010 @ 9:16AM

Gregory said...

While I definitely think the California law is stupid, and circumvents earlier and better safeguards, like the ESRB, I don't think the argument on the grounds of first amendment violation stands.

McCurley writes, "Many organizations, including the now-named Entertainment Merchants Association (EMA), challenged the law in federal court, citing the law's unconstitutionality in violation of the First Amendment of the U.S. Constitution. Remember, the first amendment protects against the states' interfering with protectable forms of speech."

Actually, the first amendment states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

It seems to me that, as the amendment imposes no restrictions on the rights of states to make such a law, that CA is within their rights to do so on those grounds.

11-12-2010 @ 9:29AM

Odd Bob said...

Actually, the First Amendment has been held applicable to the states via the Fourteenth Amendment.

11-12-2010 @ 9:35AM

Draniest said...

There is court precedent, which I don't currently have time to look up (but I'm sure another commenter will) in which the Supreme Court decided that the First Amendment applies to states as well. Basically, the issue you're suggesting has already been brought up and decided, and states can't infringe upon your first amendment rights, either.

11-12-2010 @ 9:56AM

Gregory said...

I stand corrected.

11-12-2010 @ 10:11AM

SINisterWyvern said...

Go to videgamevoters.org You will find that the constitution has shut states out of such laws already.

11-12-2010 @ 11:17AM

Ferani said...

California just loves making laws to interfere with everyone and to shift blame. Every new law they make seems to say "Oh it's not YOUR fault, it's THEIR fault that your so messed up, why didn't our silly government protect" i.e bad parenting. They also have this silly notion that everything should be put in your mouth at least once, hence why according to California, nearly everything on the planet is known to cause cancer.

11-12-2010 @ 1:26PM

Rude Hero said...

They've also found the first amendment applicable to mega corporations, since apparently they're citizens, too. But that's a whole other topic!

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