The Wright Firm's Weblog

U.S. Supreme Court Overturns Ban on Video Game Sales to Kids

In 2005, the State of California adopted a law banning the sale or rental of violent video games to minors. Violent video games were defined as games where a player has the option of “killing, maiming, dismembering, or sexually assaulting an image of a human being.” Under the ban, parents would still be allowed to purchase the games for their minors but the minors themselves could not directly buy them. The law was due to go into effect at the beginning of 2006 but was instantly challenged by the video game and entertainment software industries. The arguments centered on the protection of the First Amendment. The state argued that violent video games are inherently harmful to minors and thus deserve no First Amendment protection while the video-game industry argued that the state’s ban on video-game sales and rentals do violate the First Amendment.

Yesterday, June 27th, 2011, that law was struck down by the Supreme Court as unconstitutional in the case Brown v. Entertainment Merchants Association. The Supreme Court on a 7-2 vote upheld a federal appeals court decision that California’s ban did in fact violate minors’ rights under the First Amendment. In the opinion written by Justice Scalia the Court acknowledged that exposure to violent video games may be a societal problem but that not all problems can be addressed by governmental restrictions on free expression. Ultimately, the Court concluded that banning the sale of violent video games to minors was not a job for the government but a responsibility of the minor’s parents alone.

 

For more information on Texas Law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com. We have offices in Dallas, Denton, and Lewisville, Texas.  We also have offices where we can meet with our clients by appointment only in Frisco, Plano, and Ft. Worth, Texas.

 

Can the President Kill the Internet?

There is a bill pending before Congress that may give the U.S. President the power to effectively shut down the internet in the event of a “cyber attack”.  Coincidentally, this bill was introduced before the Legislature on the very day that the Egyptian government shut down internet access in that country.

The underlying idea of the “Cybersecurity and Internet Freedom Act of 2011” is to protect critical infrastructure from online attack.  The bill would give the President the power to Senator Joseph Lieberman, one of the bill’s proponents, stated that, “we need the capacity for the President to say, Internet Service Provider, we’ve got to disconnect the American Internet from all traffic coming in from another foreign country…”

The Department of Homeland Security, relying on the Communications Act of 1934, thinks the oval office already has the power to shut the ‘net down.  If there is a threat of war, that law gives the President the power to “cause the closing of any facility or station for wire communication” without advanced warning.  Is an ISP a “station for wire communication”?  Arguably it is.

Detractors of the current bill are calling it an “internet kill switch”.  Many argue that it would create a huge intrusion on privacy and personal autonomy – citing the premise that private industries are better suited for policing themselves from cyber attack.

What do you think?  Should the President be able to “kill” the internet in times of crisis?  Original article here:  http://techcrunch.com/2011/03/06/in-search-of-the-internet-kill-switch/?ncid=webmail

For information about Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.

 

This Site is a public resource for general information about The Wright Firm, L.L.P., Texas Law, and Federal Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Permission to Speak Freely

The United State Supreme Court ruled recently in the highly controversial case of Snyder v. Phelps; the case challenging the actions of Westboro Baptist Church protesters who picket at military funerals.  The Court held that the protesters’ speech was protected by the First Amendment, and that therefore Rev. Phelps and the rest of those who protested at Matthew Snyder’s funeral could not be held civilly liable for intentional infliction of emotional distress. 

Eight Justices agreed in the decision, with only Justice Samuel Alito dissenting.  Chief Justice John Roberts wrote the majority opinion, concluding that:

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case.”

However, Justice Alito disagreed stating that:

“Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case.”

The full text of the Court’s opinion (including Justice Alito’s dissent) can be found here: http://www.supremecourt.gov/opinions/10pdf/09-751.pdf

Original MSNBC article can be found here: http://www.msnbc.msn.com/id/41868004/ns/politics-more_politics/

For questions regarding Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.