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Transcript of Censorship
To what extent can the Government limit freedom of expression for music, movies, video games and artwork
At what age do you think there should be a limit on children purchasing video games with this type of content? Why?
Entertainment Merchants Association
June 27, 2011
1. a reasonable person would find the game as a whole, appeals to a deviant or morbid interest of minors
2. it is offensive to prevailing standards in the community as to what is suitable to minors
3. it causes the game as a whole to lack serious literary, artistic, political, or scientific value for minors
- Businesses or employees could be fined up to $1,000 per violation.
- Minors' parents, grandparents, aunts, uncles, or legal guardians can buy or rent games for minors.
After law was passed Entertainment Merchants Association sued the state of California in Federal Court asking that the law be declared in violation of the First Amendment.
- Federal District court agreed with EMA and stopped California from enforcing the law.
- California appealed to U.S. Court of Appeals for the 9th circuit--- ruled for EMA
- California appealed to the US Supreme Court who agreed to take the case
Does the First Amendment prohibit a state from regulating the sale of violent video games to minors?
The state can prohibit the sale of obscene materials to minors as long as it was rational for the legislature to find that the prohibited obscene materials were harmful to minors.
A federal ban on depictions of animal cruelty violated the First Amendment.
Court determined that the ban criminalized a substantial amount of protected speech and was thus unconstitutional.
Supreme Court Ruling
United States v. Stevens 2010
Ginsberg v. New York 1968
* California passed a law banning the sale or rental of violent video games to people under 18 if:
Penalties under the new Law
“Evaluate the extent to which the First Amendment should protect symbolic speech, and the degree to which that protection should be guaranteed to students in public school”?
Should students be entitled to the same rights as adults while on school property or attending school-supervised events? What arguments can be made for limiting students' rights? What arguments can be made for not limiting students' rights?
Blau v. Fort Thomas Pub. Sch. Dist.
School district adopted dress code policies to improve the school environment (safety, discipline, academic achievement)
Parent believed student’s individuality was being suppressed. Individuality not within the scope of the 1st Amendment.
Court sided with district citing that the parent failed to demonstrate that the dress code policy was unreasonable.