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Supreme Court to rule on banning violent video game sales to minors

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court on Monday granted certiorari in two cases. In Schwarzenegger v. Entertainment Merchants Association, the court will decide whether the First Amendment permits any limits on offensive content in violent video games sold to minors, and whether a state regulation for displaying offensive, harmful images to children is invalid if it fails to satisfy the exacting "strict scrutiny" standard of review. California Civil Code sections 1746-1746.5 prohibit the sale of violent video games to minors under 18 where a reasonable person would find that the violent content appeals to a deviant or morbid interest of minors, is patently offensive to prevailing community standards as to what is suitable for minors, and causes the game as a whole to lack serious literary, artistic, political, or scientific value for minors. The US Court of Appeals for the Ninth Circuit affirmed the district court's judgment permanently enjoining enforcement of the prohibition. In Ortiz v. Jordan, the court will decide whether a party may appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal the order before trial. The US Court of Appeals for the Sixth Circuit ruled that, "although courts normally do not review the denial of a summary judgment motion after a trial on the merits, denial of summary judgment based on qualified immunity is an exception to this rule." There is a circuit split on this issue.Also Monday, the court decided not to allow Michigan to reopen a longstanding controversy with the state of Illinois seeking to close two waterways that allow invasive Asian carp to reach the Great Lakes. The court also refused to allow Michigan to open a new case on the issue.

Full post as published by JURIST - The Paper Chase on April 26, 2010 (boomark / email).