Violent Video Games

I’m not sure where vice president Joe Biden is getting his information, but he seems rather confident that a tax can be levied against “violent media.” He may want to check with the Supreme Court, which has ruled against regulating violent video games and found taxing certain varieties of speech differently to be a violation of the First Amendment.

Possibly Biden just got carried away with the jovial spirit of censorship pervading the post-Sandy Hook political climate. Or maybe he was just in an overly-agreeable mood and started making affirmative statements without considering what he was saying…

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Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

Silly reactions to violent video games are coming so fast these days it makes one’s head spin. Redundant labeling of games, doubling down on unconstitutional laws, and even special 1% taxes for games with a rating of “Teen” and above… It’s quite difficult to parse out the well-intentioned silliness from the grandstanding silliness. What’s clear, however, is that there are a great many people who don’t recognize games as the speech that they are.

One state representative from Connecticut, home of the Sandy Hook tragedy, is now upping the ante on that last idea and proposing a 10% tax on games that are rated “mature”….

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We’ve aimed for even-handedness in our coverage of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. We’ve written about the lurid allegations against him, and we’ve shared with you the reminiscences of a former roommate who found McDaniel a bit creepy. But we’ve also raised the possibility that some of the evidence against him might be fake, and we’ve even discussed whether perhaps McDaniel has been framed for the Giddings murder.

In our continuing quest to tell both sides of this story, today we bring you supportive words from a college classmate and friend of Stephen McDaniel. This individual believes that McDaniel is being treated unfairly in the court of public opinion — and he’d like to set the record straight….

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There hasn’t been much to report in recent weeks concerning the prosecution of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. There has been some continued wrangling over bail, as well as talk of possible civil litigation brought by the estate of Lauren Giddings against Boni and Marty Bush, owners of the Barristers Hall apartment complex where Giddings and McDaniel once lived.

So there isn’t much hard news to report about Stephen McDaniel. In the meantime, let’s take a more personal look at the man behind the headlines.

Last week, I interviewed McDaniel’s college roommate, who described what it was like to live with McDaniel. We had a very interesting conversation….

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Professor William Birdthistle

Welcome to the latest installment of Lawyers & Economics, our occasional video series on financial topics by Professor William Birdthistle of Chicago-Kent College of Law. He’s joined in some of these videos by an acting professional: Johnny Kastl, television actor turned 2L at Iowa Law, better known to some of you as Dr. Doug Murphy of “Scrubs.”

In the last video, Birdthistle and Kastl tackled the Greek debt crisis. Sadly enough, that problem remains unsolved, to the detriment of the world’s financial markets.

Today’s topic isn’t going away anytime soon either. If you have — or are thinking of taking on — student loans, keep reading….

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My mother wouldn't buy this for me because it was "too violent." I bet she feels silly now.

From an ideological standpoint, today’s Supreme Court decision in the case of Brown (formerly Schwarzenegger) v. Entertainment Merchants Association is fascinating.

You’ve got Antonin Scalia writing the majority opinion in a 7 – 2 case. You’ve got Scalia throwing a barb at the merely concurring Samuel Alito. You’ve got Clarence Thomas dissenting from an opinion Scalia wrote. (Can somebody tell me how many times that’s happened? What if I put the over/under at 9 times, ever?) And you’ve got Justice Breyer arguing against First Amendment Protections in a barely safe for work way.

And all of this happens to defend my right to walk into a Russian airport and gun down my enemies. I really hope I live long enough to see a Supreme Court with nine people who have all at least fired the Duck Hunt gun before they’re asked to rule on violent video games…

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Some people thought Contra was too violent.

The Supreme Court is on record as being a grand protector of the people’s right to free speech — so long as by “speech” we mean money and by “people” we mean corporations. But when it comes to the right of artists (in this case, video game producers) to do their thing, the Court wants to take a closer look.

And so tomorrow (Tuesday) the Court will hear oral argument in the case of Schwarzenegger v. Entertainment Merchants Association. If you’ve been too busy riding roughshod over zombie ranchers to follow along, the key issue is the constitutionality of a California law restricting the sale of violent video games to minors. The Ninth Circuit already threw the law out, and other Circuits have dispensed with similar state laws on free speech grounds. But SCOTUS apparently wants to take a look at the restrictions…

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