Scalia and the Incorporationists Strike Again

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NEW ORLEANS, La. – In a 7 to 2 vote on Monday, the United States Supreme Court in the matter of

” class=”jcepopup” target=”_blank” title=”BROWN, GOVERNOR of CALIFORNIA, ET AL v. ENTERTAINMENT MERCHANTS ASSOCIATION ET AL” href=”http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf” lang=”iframe”>BROWN, GOVERNOR of CALIFORNIA, ET AL v. ENTERTAINMENT MERCHANTS ASSOCIATION ET AL struck down a California law that would have banned the sale of violent video games to minors, citing the law as unconstitutional violation of the First Amendment. However, Mike explains that precedent of incorporation, we have become a national Democracy that is, exactly what the Founding Generation feared.

Writing for the majority, Justice Antonin Scalia wrote that:

“Like the protected books, plays, and movies that preceded them, video games communicate ideas — and even social messages — through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection.”

Justice Scalia
United States Supreme Court
BROWN, GOVERNOR of CALIFORNIA, ET AL v. ENTERTAINEMENT MERCHANTS ASSOCIATION ET AL
June 27, 2011

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