DID YOU READ

The U.S. Supreme Court Grants Video Games First Amendment Protection

The U.S. Supreme Court Grants Video Games First Amendment Protection  (photo)

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Brown v. Entertainment Merchants Association–the landmark case that could’ve changed the way that video games get sold and developed–finally got an opinion handed down today. In the last day of the Supreme Court’s current session, the Justices ruled 7-2 in favor of video games, declaring that interactive entertainment should enjoy the same freedom of expression as books, film and other works of cultural production.

The core issue was the supposed danger of video game violence in titles rated Mature. California politician Leland Yee wrote a bill–later signed into law by the Governator– that would’ve made the sale or rental of such games illegal in the state. But the Ninth Circuit Court of California struck down the law as unconstitutional, saying that it restricted free speech for video games. Things moved to the Supreme Court last year with arguments made in November. Today’s decision marks the probable end of an era where legal recourse could be sought against games’ sensationalized power as evil entertainment. The opinion written by Justice Antonin Scalia says, in part:

And whatever the challenges of applying the Constitution to ever-advancing technology, “the basic principles of freedom of speech and the press, like the First Amendment’s command, do not vary” when a new and different medium for communication appears.

The quotes in that piece of the opinion come from the landmark Joseph Burstyn, Inc. v. Wilson case, which cemented the medium of film as one deserving First Amenment protections. The Court’s opinion goes on to say that other cultural forms haven’t been cordoned off the way that Yee’s law proposed for video games:

California’s argument would fare better if there were a longstanding tradition in this country of specially restricting children’s access to depictions of violence, but there is none. Certainly the books we give children to read–or read to them when they are younger–contain no shortage of gore. Grimm’s Fairy Tales, for example, are grim indeed. As her just deserts for trying to poison Snow White, the wicked queen is made to dance in red hot slippers “till she fell dead on the floor, a sad example of envy and jealousy.” The Complete Brothers Grimm Fairy Tales 198 (2006 ed.). Cinderella’s evil stepsisters have their eyes pecked out by doves. Id., at 95. And Hansel and Gretel (children!) kill their captor by baking her in an oven. Id., at 54.

High-school reading lists are full of similar fare. Homer’s Odysseus blinds Polyphemus the Cyclops by grinding out his eye with a heated stake. The Odyssey of Homer, Book IX, p. 125 (S. Butcher & A. Lang transls. 1909) (“Even so did we seize the fiery-pointed brand and whirled it round in his eye, and the blood flowed about the heated bar. And the breath of the flame singed his eyelids and brows all about, as the ball of the eye burnt away, and the roots thereof crackled in the flame”). In the Inferno, Dante and Virgil watch corrupt politicians struggle to stay submerged beneath a lake of boiling pitch, lest they be skewered by devils above the surface. Canto XXI, pp. 187-189 (A. Mandelbaum transl. Bantam Classic ed. 1982). And Golding’s Lord of the Flies recounts how a schoolboy called Piggy is savagely murdered by other children while marooned on an island. W. Golding, Lord of the Flies 208-209 (1997 ed.).

The pro-gamer constituents were worried about Brown v. EMA, thinking that the Supreme Court as a judicial body trapped in amber, so focused on legal precedent and constitutionality that they might be out of touch with modern-day media. But, as seen above, the Supremes’ decision actually called out past instances where categories of creative works were held up as socially dangerous in laying down precedent for their decision. Excerpts from the opinion reference penny dreadfuls, choose-your-own-adventure books and the 1950s comic-book juvenile delinquency witch-hunt driven by Fredric Wertham. So, if the Justices do live in a bubble, it’s at least a porous one.

Reactions from interested parties have run to type. Yee’s office issued a press release saying:

“Unfortunately, the majority of the Supreme Court once again put the interests of corporate America before the interests of our children,” said the law’s author, Senator Leland Yee (D-San Francisco). “As a result of their decision, Wal-Mart and the video game industry will continue to make billions of dollars at the expense of our kids’ mental health and the safety of our community. It is simply wrong that the video game industry can be allowed to put their profit margins over the rights of parents and the well-being of children.”

On the opposite end of the spectrum is Jennifer Mercurio, VP & General Counsel of the Entertainment Consumers Association. In a statement from the ECA, Mercurio says, “We had hoped that we would see this decision, and it’s been a long time coming. That being said, there will probably be one or two legislators who attempt to test these new parameters, and the ECA will continue to fight for the rights of entertainment consumers.”

Of course, today’s decision doesn’t mean that it’s okay for you to go get seven-year-old Johnny a copy of “Shadows of the Damned.” It just means the ssytems that are already in place–those ESRB ratings on the front of every box and parents’ common sense–work well enough to prevent the collapse of society. This may not be the end of the culture wars as regards video games, but this latest chapter will certainly tilt discussions about video games’ social worth towards the positive.

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Hard Out

Comedy From The Closet

Janice and Jeffrey Available Now On IFC's Comedy Crib

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She’s been referred to as “the love child of Amy Sedaris and Tracy Ullman,” and he’s a self-described “Italian who knows how to cook a great spaghetti alla carbonara.” They’re Mollie Merkel and Matteo Lane, prolific indie comedians who blended their robust creative juices to bring us the new Comedy Crib series Janice and Jeffrey. Mollie and Matteo took time to answer our probing questions about their series and themselves. Here’s a taste.

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IFC: How would you describe Janice and Jeffrey to a fancy network executive you met in an elevator?

Mollie & Matteo: Janice and Jeffrey is about a married couple experiencing intimacy issues but who don’t have a clue it’s because they are gay. Their oblivion makes them even more endearing.  Their total lack of awareness provides for a buffet of comedy.

IFC: What’s your origin story? How did you two people meet and how long have you been working together?

Mollie: We met at a dive bar in Wrigley Field Chicago. It was a show called Entertaining Julie… It was a cool variety scene with lots of talented people. I was doing Janice one night and Matteo was doing an impression of Liza Minnelli. We sort of just fell in love with each other’s… ACT! Matteo made the first move and told me how much he loved Janice and I drove home feeling like I just met someone really special.

IFC: How would Janice describe Jeffrey?

Mollie: “He can paint, cook homemade Bolognese, and sing Opera. Not to mention he has a great body. He makes me feel empowered and free. He doesn’t suffocate me with attention so our love has room to breath.”

IFC: How would Jeffrey describe Janice?

Matteo: “Like a Ford. Built to last.”

IFC: Why do you think the world is ready for this series?

Mollie & Matteo: Our current political world is mirroring and reflecting this belief that homosexuality is wrong. So what better time for satire. Everyone is so pro gay and equal rights, which is of course what we want, too. But no one is looking at middle America and people actually in the closet. No one is saying, hey this is really painful and tragic, and sitting with that. Having compassion but providing the desperate relief of laughter…This seemed like the healthiest, best way to “fight” the gay rights “fight”.

IFC: Hummus is hilarious. Why is it so funny?

Mollie: It just seems like something people take really seriously, which is funny to me. I started to see it in a lot of lesbians’ refrigerators at a time. It’s like observing a lesbian in a comfortable shoe. It’s a language we speak. Pass the Hummus. Turn on the Indigo Girls would ya?

See the whole season of Janice and Jeffrey right now on IFC’s Comedy Crib.

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Die Hard Dads

Inspiration For Die Hard Dads

Die Hard is on IFC all Father's Day Long

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Photo Credit: Everett Collection, GIPHY

Yippee ki-yay, everybody! It’s time to celebrate the those most literal of mother-effers: dads!

And just in case the title of this post left anything to the imagination, IFC is giving dads balls-to-the-wall ’80s treatment with a glorious marathon of action trailblazer Die Hard.

There are so many things we could say about Die Hard. We could talk about how it was comedian Bruce Willis’s first foray into action flicks, or Alan Rickman’s big screen debut. But dads don’t give a sh!t about that stuff.

No, dads just want to fantasize that they could be deathproof quip factory John McClane in their own mundane lives. So while you celebrate the fathers in your life, consider how John McClane would respond to these traditional “dad” moments…

Wedding Toasts

Dads always struggle to find the right words of welcome to extend to new family. John McClane, on the other hand, is the master of inclusivity.
Die Hard wedding

Using Public Restrooms

While nine out of ten dads would rather die than use a disgusting public bathroom, McClane isn’t bothered one bit. So long as he can fit a bloody foot in the sink, he’s G2G.
Die Hard restroom

Awkward Dancing

Because every dad needs a signature move.
Die Hard dance

Writing Thank You Notes

It can be hard for dads to express gratitude. Not only can McClane articulate his thanks, he makes it feel personal.
Die Hard thank you

Valentine’s Day

How would John McClane say “I heart you” in a way that ain’t cliche? The image speaks for itself.
Die Hard valentines

Shopping

The only thing most dads hate more than shopping is fielding eleventh-hour phone calls with additional items for the list. But does McClane throw a typical man-tantrum? Nope. He finds the words to express his feelings like a goddam adult.
Die Hard thank you

Last Minute Errands

John McClane knows when a fight isn’t worth fighting.
Die Hard errands

Sneaking Out Of The Office Early

What is this, high school? Make a real exit, dads.
Die Hard office

Think you or your dad could stand to be more like Bruce? Role model fodder abounds in the Die Hard marathon all Father’s Day long on IFC.

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Founding Farters

Know Your Nerd History

Revenge of the Nerds is on IFC.

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Photo Credit: Everett Collection, GIFs via Giphy

That we live in the heyday of nerds is no hot secret. Scientists are celebrities, musicians are robots and late night hosts can recite every word of the Silmarillion. It’s too easy to think that it’s always been this way. But the truth is we owe much to our nerd forebearers who toiled through the jock-filled ’80s so that we might take over the world.

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Our humble beginnings are perhaps best captured in iconic ’80s romp Revenge of the Nerds. Like the founding fathers of our Country, the titular nerds rose above their circumstances to culturally pave the way for every Colbert and deGrasse Tyson that we know and love today.

To make sure you’re in the know about our very important cultural roots, here’s a quick download of the vengeful nerds without whom our shameful stereotypes might never have evolved.

Lewis Skolnick

The George Washington of nerds whose unflappable optimism – even in the face of humiliating self-awareness – basically gave birth to the Geek Pride movement.

Gilbert Lowe

OK, this guy is wet blanket, but an important wet blanket. Think Aaron Burr to Lin-Manuel Miranda’s Hamilton. His glass-mostly-empty attitude is a galvanizing force for Lewis. Who knows if Lewis could have kept up his optimism without Lowe’s Debbie-Downer outlook?

Arnold Poindexter

A music nerd who, after a soft start (inside joke, you’ll get it later), came out of his shell and let his passion lead instead of his anxiety. If you played an instrument (specifically, electric violin), and you were a nerd, this was your patron saint.

Booger

A sex-loving, blunt-smoking, nose-picking guitar hero. If you don’t think he sounds like a classic nerd, you’re absolutely right. And that’s the whole point. Along with Lamar, he simultaneously expanded the definition of nerd and gave pre-existing nerds a twisted sort of cred by association.

Lamar Latrell

Black, gay, and a crazy good breakdancer. In other words, a total groundbreaker. He proved to the world that nerds don’t have a single mold, but are simply outcasts waiting for their moment.

Ogre

Exceedingly stupid, this dumbass was monumental because he (in a sequel) leaves the jocks to become a nerd. Totally unheard of back then. Now all jocks are basically nerds.

Well, there they are. Never forget that we stand on their shoulders.

Revenge of the Nerds is on IFC all month long.

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