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Posts with tag first-amendment

The Lawbringer: Supreme Court decides Brown v. EMA

On June 27, 2011, the Supreme Court of the United States of America ruled that video games fall under the same First Amendment speech protections as books, movies, music, and art. Justice Scalia wrote the opinion, decrying California's attempts to restrict speech as, at the same time, too under-inclusive and too over-inclusive. What does that mean for the video game industry? What does this decision mean for video games in general? Self-regulation, it seems, is doing the job when it comes to keeping parents in charge and violent video games in the hands where they belong.

If you have no idea what Brown v. Entertainment Merchants Association (EMA) (formerly Schwarzenegger v. EMA) is about, check out my first Lawbringer feature on the topic as well as Gamasutra's feature, as it is probably the best, concise understanding of the case as it was back in November of 2010. Now, however, we have a decision. After being argued on Nov. 2, 2010, the Supreme Court decided on June 27, 2011, by a vote of 7-2 that the California law banning the sale of violent video games to minors was unconstitutional.

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Filed under: Analysis / Opinion, The Lawbringer

Why you don't have freedom of speech in WoW

Freedom of speech is one of the most often quoted rights by gamers and people online, yet it is sadly one of the most misunderstood. This right comes about regularly when people are discussing forum bans, moderation, and people like Ghostcrawler telling folks they need to behave. People think that just because they live in a democracy or free society that they have an innate right to do and say whatever they want wherever they want.

Nothing could be further from the truth.

In a private forum, such as the official World of Warcraft forums, or on a site like WoW.com, you don't have any inherent right to do anything. The people running the site or designing the game sets the rules, and that's that. If Blizzard says all communication must end with "Ni!" or you're banned from their forums, then that's the rule you must follow. It's their property and their choice to do that.

If we say every comment must make fun of gnomes or the commenter will be banned, then that's the rule you must follow. It's our website.

Freedom of speech has absolutely no bearing within a private organization. When you accept WoW's Terms of Service or use a website like WoW.com, you agree to abide by the organization's rules. If you don't follow those rules, or if someone in the organization just wakes up on the wrong side of the bed that day, you can be prohibited from returning to the forums or playing the game.

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Filed under: Analysis / Opinion, Forums

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