Schwarzenegger v. Entertainment Merchants Assn. (08-1448)
argument 08-1448Schwarzenegger v. Entertainment Merchants Assn.
Supreme Court of the United States
1h 0m
5 speakers
8 chapters
transcribed 5 days ago
official recording ↗
Transcript
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What constitutional issue does the Schwarzenegger v. Entertainment Merchants case raise?
We'll hear argument first this morning in case zero eight fourteen forty eight, Schwarzenegger versus Entertainment Merchants Association. Mr Morazzini?
Mr Chief Justice, and may it please the court. The California law at issue today before this court differs from the New York law at issue in Ginsburg in only one respect. Where New York was concerned with minors' access to harmful sexual material outside the guidance of a parent, California is no less concerned with a minors' access to the deviant level of violence that is presented in a certain category of video games that can be no less harmful to the development of minors. When this court in Ginsburg crafted a rule of law that permits states to regulate a minor's access to such material outside the presence of a parent, it did so for two fundamental reasons that are equally applicable this morning in this case.
First, this rule permits parents claim to authority in their own household to direct the upbringing and the development of their children. And secondly, this rule promotes the state's independent interest in helping parents protect the well being of children in those instances when parents cannot be present. So this morning California asked this court to adopt a rule of law that permits states to restrict miners' ability to purchase Deviant violent video games that the legislature has determined can be harmful to the development and
what's a deviant a deviant uh violent uh video game as opposed to uh what, uh normal violent v video game?
Yes, Your Honor. Deviant would be departing from established n norms.
There are established norms of violence? Well I think if we look back I mean some of the Grimms fairy tales are are quite grim, to tell you the truth. Agreed, Your Honor. But the level of violence Are they okay? You gonna ban them too? Not at all, Your Honor. What's the difference? I mean if you if you are supposing a category of violent materials Dangerous to children. Then How Do you cut it off with video games? What about films? What about comic books? Grim fairy tales. why are video games special? Or are does your principle extend to Oh deviant violent materials in whatever form.
No, Your Honor, that's why I believe California incorporated the three prongs of the Miller standard. So it's not just deviant violence, it's not just patently offensive violence. It is violence that meets all three of the terms set forth. I
think that Mrs. uh Justice Ginsburg's question, which was, why just video games, why not movies, for example, as well?
Sure, Your Honor. The California Legislature was presented with substantial evidence that demonstrates that the interactive nature of violent of violent video games, where the minor or the young adult is the aggressor, is the is the individual acting out this this obscene level of violence, if you will, um is especially harmful to minors. It um
Well do you actually have studies that show that video games are more harmful to minors than movies are?
Well in the record, Your Honor, I believe it's the Genteel and Genteel study regarding violent video games as exemplary teachers. Um the authors there note that video games are not only exemplary teachers of um pro social activities, but also exemplary teachers of aggression, which was the fundamental concern of the California legislature in enacting the statute. So while the science is continually developing, indeed it appears that studies are being released every month regarding the
Su suppose a new study suggested that movies were just as violent, then presumably California could regulate movies just as it could regulate video games.
Well, Your Honor, uh there is scientific literature out there regarding the impact of violent media on on children. In fact, for decades, um the President, Congress, the FTC Parenting groups ha have been uniquely concerned with the level of violent media available to minors that they have ready access to.
I don't know. Is that answering Justice Kagan's question? One of the studies, the Anderson study, says that the effect of violence is the same for a Bugs Bunny episode as it is for a violent
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Chapters
8 chapters
1
What constitutional issue does the Schwarzenegger v. Entertainment Merchants case raise?
0:02–7:51
2
How does the Court compare California’s video‑game law to New York’s Ginsburg decision?
7:51–15:00
3
What is meant by “deviant violent” video games and how are they defined?
15:00–22:03
4
How do the parties argue about the applicability of the Miller three‑prong test to video games?
22:03–29:05
5
Do scientific studies show that violent video games are more harmful to minors than movies or TV?
29:05–36:40
6
What concerns are raised about the vagueness of the statute and its impact on manufacturers?
36:40–44:54
7
How do the Justices discuss parental controls, rating systems, and alternative regulatory approaches?
44:54–53:52
8
What is the Court’s ultimate conclusion on whether the law can survive strict scrutiny?
53:52–1:00:32