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Recommended: The Supreme Court Hears Opening Arguments in Video Game Case

Recommended: The Supreme Court Hears Opening Arguments in Video Game Case (photo)

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I wasn’t able to travel to Washington D.C for the opening arguments in Schwarzengger v. EMA, but Stephen Totilo was. Kotaku’s Deputy Editor has filed a report from the proceedings, where the nine justices of SCOTUS questioned lawyers on both sides about the kinds of restrictions and protections they would have applied to video games.

[California Attorney General Zackery] Morazzini’s opening statement was almost immediately interrupted by Justice Antonin Scalia who pointed out that Grimm’s fairy tales are very violent as well.

“So are you going to ban them too?” Scalia asked of the attorney general.

Scalia, one of the court’s most conservative justices and most vocal in the questioning of the state today, repeatedly and often with humor questioned Morazznii about the California law and its effects on the first amendment.

“You are asking us to create a whole new prohibition… what’s next after violence? Drinking? Movies that show drinking? Smoking?,” asked Scalia in the hearing.

“I think what Justice Scalia wants to know is what James Madison thought about video games,” Justice Samuel Alito joked.

But, the representation for the video game side of the case faced tough inquiries, too.

Some justices wondered if there was perhaps a valid interest in protecting minors from hyper-violent games.

“Imagining a game that allows a player to torture babies,” Justice Stephen Breyer asked. “Why isn’t it common sense for the state to say ‘Parents, if you want your 13-year-old to play it you have to buy it?’

While the justices did not betray intimate knowledge of playing games some seemed familiar with the medium. Justice Elena Kagan at one point asked California if Mortal Kombat would be banned under California’s law. “Half of the clerks [in the Court] have spent a considerable amount of time playing it,” she said. “I don’t know what she’s talking about,” Scalia quipped.

Morazzini said he wasn’t sure about Mortal Kombat but said that Postal 2, a game that was repeatedly discussed today would, as would violent Sega game Madworld.
At one point justice Scalia asked how much games cost. $50-$60, he was told by the gaming industry’s lead attorney, Paul Smith.

To win a decision, California needed to convince the Court that they should allow an exception to the First Amendment for extremely violent content that could legally be blocked from sale to kids, matching a similar court-accepted carve-out for certain types of sexual content.

“What makes video games special?” Justice Ruth Bader Ginsberg asked. “How do you cut it off at video games?”

Justice Sonia Sotomayor questioned, “Could you get rid of rap music too?” She said that she did not findd a five-minute clip of a violent game California made available to the court “entertaining.” But, she added, “That’s not the point.”

Kagan questioned whether the California law was too broad and wondered how one would define “morbid” violence. Scalia joked that California could start a “California Office of Censorship.”

It’s probably too early for either side to look for encouragement in the Justices’ remarks, but one thing that is heartening is hearing that the Robed Ones understand games as cultural artifacts and not just products with no creative provenance. SCOTUS has until June 2011 to issue a ruling, so the debate about the California legislation will surely rage until then. Head over to Kotaku to read all of Totilo’s piece.

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Bro and Tell

BFFs And Night Court For Sports

Bromance and Comeuppance On Two New Comedy Crib Series

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“Silicon Valley meets Girls meets black male educators with lots of unrealized potential.”

That’s how Carl Foreman Jr. and Anthony Gaskins categorize their new series Frank and Lamar which joins Joe Schiappa’s Sport Court in the latest wave of new series available now on IFC’s Comedy Crib. To better acquaint you with the newbies, we went right to the creators for their candid POVs. And they did not disappoint. Here are snippets of their interviews:

Frank and Lamar

via GIPHY

IFC: How would you describe Frank and Lamar to a fancy network executive you met in an elevator?
Carl: Best bros from college live and work together teaching at a fancy Manhattan private school, valiantly trying to transition into a more mature phase of personal and professional life while clinging to their boyish ways.

IFC: And to a friend of a friend you met in a bar?
Carl: The same way, slightly less coherent.

Anthony: I’d probably speak about it with much louder volume, due to the bar which would probably be playing the new Kendrick Lamar album. I might also include additional jokes about Carl, or unrelated political tangents.

Carl: He really delights in randomly slandering me for no reason. I get him back though. Our rapport on the page, screen, and in real life, comes out of a lot of that back and forth.

IFC: In what way is Frank and Lamar a poignant series for this moment in time?
Carl: It tells a story I feel most people aren’t familiar with, having young black males teach in a very affluent white world, while never making it expressly about that either. Then in tackling their personal lives, we see these three-dimensional guys navigate a pivotal moment in time from a perspective I feel mainstream audiences tend not to see portrayed.

Anthony: I feel like Frank and Lamar continues to push the envelope within the genre by presenting interesting and non stereotypical content about people of color. The fact that this show brought together so many talented creative people, from the cast and crew to the producers, who believe in the project, makes the work that much more intentional and truthful. I also think it’s pretty incredible that we got to employ many of our friends!

Sport Court

Sport Court gavel

IFC: How would you describe Sport Court to a fancy network executive you met in an elevator?
Joe: SPORT COURT follows Judge David Linda, a circuit court judge assigned to handle an ad hoc courtroom put together to prosecute rowdy fan behavior in the basement of the Hartford Ultradome. Think an updated Night Court.

IFC: How would you describe Sport Court to drunk friend of a friend you met in a bar?
Joe: Remember when you put those firecrackers down that guy’s pants at the baseball game? It’s about a judge who works in a court in the stadium that puts you in jail right then and there. I know, you actually did spend the night in jail, but imagine you went to court right that second and didn’t have to get your brother to take off work from GameStop to take you to your hearing.

IFC: Is there a method to your madness when coming up with sports fan faux pas?
Joe: I just think of the worst things that would ruin a sporting event for everyone. Peeing in the slushy machine in open view of a crowd seemed like a good one.

IFC: Honestly now, how many of the fan transgressions are things you’ve done or thought about doing?
Joe: I’ve thought about ripping out a whole row of chairs at a theater or stadium, so I would have my own private space. I like to think of that really whenever I have to sit crammed next to lots of people. Imagine the leg room!

Check out the full seasons of Frank and Lamar and Sport Court now on IFC’s Comedy Crib.

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Millennial Wisdom

Charles Speaks For Us All

Get to know Charles, the social media whiz of Brockmire.

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He may be an unlikely radio producer Brockmire, but Charles is #1 when it comes to delivering quips that tie a nice little bow on the absurdity of any given situation.

Charles also perfectly captures the jaded outlook of Millennials. Or at least Millennials as mythologized by marketers and news idiots. You know who you are.

Played superbly by Tyrel Jackson Williams, Charles’s quippy nuggets target just about any subject matter, from entry-level jobs in social media (“I plan on getting some experience here, then moving to New York to finally start my life.”) to the ramifications of fictional celebrity hookups (“Drake and Taylor Swift are dating! Albums y’all!”). But where he really nails the whole Millennial POV thing is when he comments on America’s second favorite past-time after type II diabetes: baseball.

Here are a few pearls.

On Baseball’s Lasting Cultural Relevance

“Baseball’s one of those old-timey things you don’t need anymore. Like cursive. Or email.”

On The Dramatic Value Of Double-Headers

“The only thing dumber than playing two boring-ass baseball games in one day is putting a two-hour delay between the boring-ass games.”

On Sartorial Tradition

“Is dressing badly just a thing for baseball, because that would explain his jacket.”

On Baseball, In A Nutshell

“Baseball is a f-cked up sport, and I want you to know it.”


Learn more about Charles in the behind-the-scenes video below.

And if you were born before the late ’80s and want to know what the kids think about Baseball, watch Brockmire Wednesdays at 10P on IFC.

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Crown Jules

Amanda Peet FTW on Brockmire

Amanda Peet brings it on Brockmire Wednesday at 10P on IFC.

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GIFS via Giphy

On Brockmire, Jules is the unexpected yin to Jim Brockmire’s yang. Which is saying a lot, because Brockmire’s yang is way out there. Played by Amanda Peet, Jules is hard-drinking, truth-spewing, baseball-loving…everything Brockmire is, and perhaps what he never expected to encounter in another human.

“We’re the same level of functional alcoholic.”


But Jules takes that commonality and transforms it into something special: a new beginning. A new beginning for failing minor league baseball team “The Frackers”, who suddenly about-face into a winning streak; and a new beginning for Brockmire, whose life gets a jumpstart when Jules lures him back to baseball. As for herself, her unexpected connection with Brockmire gives her own life a surprising and much needed goose.

“You’re a Goddamn Disaster and you’re starting To look good to me.”

This palpable dynamic adds depth and complexity to the narrative and pushes the series far beyond expected comedy. See for yourself in this behind-the-scenes video (and brace yourself for a unforgettable description of Brockmire’s genitals)…

Want more about Amanda Peet? She’s all over the place, and has even penned a recent self-reflective piece in the New York Times.

And of course you can watch the Jim-Jules relationship hysterically unfold in new episodes of Brockmire, every Wednesday at 10PM on IFC.

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