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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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SO EXCITED!!!

Reminders that the ’90s were a thing

"The Place We Live" is available for a Jessie Spano-level binge on Comedy Crib.

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Unless you stopped paying attention to the world at large in 1989, you are of course aware that the ’90s are having their pop cultural second coming. Nobody is more acutely aware of this than Dara Katz and Betsy Kenney, two comedians who met doing improv comedy and have just made their Comedy Crib debut with the hilarious ’90s TV throwback series, The Place We Live.

IFC: How would you describe “The Place We Live” to a fancy network executive you just met in an elevator?

Dara: It’s everything you loved–or loved to hate—from Melrose Place and 90210 but condensed to five minutes, funny (on purpose) and totally absurd.

IFC: How would you describe “The Place We Live” to a drunk friend of a friend you met in a bar?

Betsy: “Hey Todd, why don’t you have a sip of water. Also, I think you’ll love The Place We Live because everyone has issues…just like you, Todd.”

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IFC: When you were living through the ’90s, did you think it was television’s golden age or the pop culture apocalypse?


Betsy: I wasn’t sure I knew what it was, I just knew I loved it!


Dara: Same. Was just happy that my parents let me watch. But looking back, the ’90s honored The Teen. And for that, it’s the golden age of pop culture. 

IFC: Which ’90s shows did you mine for the series, and why?

Betsy: Melrose and 90210 for the most part. If you watch an episode of either of those shows you’ll see they’re a comedic gold mine. In one single episode, they cover serious crimes, drug problems, sex and working in a law firm and/or gallery, all while being young, hot and skinny.


Dara: And almost any series we were watching in the ’90s, Full House, Saved By the Bell, My So Called Life has very similar themes, archetypes and really stupid-intense drama. We took from a lot of places. 

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IFC: How would you describe each of the show’s characters in terms of their ’90s TV stereotype?

Dara: Autumn (Sunita Mani) is the femme fatale. Robin (Dara Katz) is the book worm (because she wears glasses). Candace (Betsy Kenney) is Corey’s twin and gives great advice and has really great hair. Corey (Casey Jost) is the boy next door/popular guy. Candace and Corey’s parents decided to live in a car so the gang can live in their house. 
Lee (Jonathan Braylock) is the jock.

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

Dara: Because everyone’s feeling major ’90s nostalgia right now, and this is that, on steroids while also being a totally new, silly thing.

Delight in the whole season of The Place We Live right now on IFC’s Comedy Crib. It’ll take you back in all the right ways.

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New Nasty

Whips, Chains and Hand Sanitizer

Turn On The Full Season Of Neurotica At IFC's Comedy Crib

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Jenny Jaffe has a lot going on: She’s writing for Disney’s upcoming Big Hero 6: The Series, developing comedy projects with pals at Devastator Press, and she’s straddling the line between S&M and OCD as the creator and star of the sexyish new series Neurotica, which has just made its debut on IFC’s Comedy Crib. Jenny gave us some extremely intimate insight into what makes Neurotica (safely) sizzle…

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

Jenny: Neurotica is about a plucky Dominatrix with OCD trying to save her small-town dungeon.

IFC: How would you describe Neurotica to a drunk friend of a friend you met in a bar?

Jenny: Neurotica is about a plucky Dominatrix with OCD trying to save her small-town dungeon. You’re great. We should get coffee sometime. I’m not just saying that. I know other people just say that sometimes but I really feel like we’re going to be friends, you know? Here, what’s your number, I’ll call you so you can have my number!

IFC: What’s your comedy origin story?

Jenny: Since I was a kid I’ve dealt with severe OCD and anxiety. Comedy has always been one of the ways I’ve dealt with that. I honestly just want to help make people feel happy for a few minutes at a time.

IFC: What was the genesis of Neurotica?

Jenny: I’m pretty sure it was a title-first situation. I was coming up with ideas to pitch to a production company a million years ago (this isn’t hyperbole; I am VERY old) and just wrote down “Neurotica”; then it just sort of appeared fully formed. “Neurotica? Oh it’s an over-the-top romantic comedy about a Dominatrix with OCD, of course.” And that just happened to hit the buttons of everything I’m fascinated by.

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IFC: How would you describe Ivy?

Jenny: Ivy is everything I love in a comedy character – she’s tenacious, she’s confident, she’s sweet, she’s a big wonderful weirdo.

IFC: How would Ivy’s clientele describe her?

Jenny:  Open-minded, caring, excellent aim.

IFC: Why don’t more small towns have local dungeons?

Jenny: How do you know they don’t?

IFC: What are the pros and cons of joining a chain mega dungeon?

Jenny: You can use any of their locations but you’ll always forget you have a membership and in a year you’ll be like “jeez why won’t they let me just cancel?”

IFC: Mouths are gross! Why is that?

Jenny: If you had never seen a mouth before and I was like “it’s a wet flesh cave with sharp parts that lives in your face”, it would sound like Cronenberg-ian body horror. All body parts are horrifying. I’m kind of rooting for the singularity, I’d feel way better if I was just a consciousness in a cloud.

See the whole season of Neurotica right now on IFC’s Comedy Crib.

The-Craft

The ’90s Are Back

The '90s live again during IFC's weekend marathon.

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Photo Credit: Everett Digital, Columbia Pictures

We know what you’re thinking: “Why on Earth would anyone want to reanimate the decade that gave us Haddaway, Los Del Rio, and Smash Mouth, not to mention Crystal Pepsi?”

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Thoughts like those are normal. After all, we tend to remember lasting psychological trauma more vividly than fleeting joy. But if you dig deep, you’ll rediscover that the ’90s gave us so much to fondly revisit. Consider the four pillars of true ’90s culture.

Boy Bands

We all pretended to hate them, but watch us come alive at a karaoke bar when “I Want It That Way” comes on. Arguably more influential than Brit Pop and Grunge put together, because hello – Justin Timberlake. He’s a legitimate cultural gem.

Man-Child Movies

Adam Sandler is just behind The Simpsons in terms of his influence on humor. Somehow his man-child schtick didn’t get old until the aughts, and his success in that arena ushered in a wave of other man-child movies from fellow ’90s comedians. RIP Chris Farley (and WTF Rob Schneider).

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Teen Angst

In horror, dramas, comedies, and everything in between: Troubled teens! Getting into trouble! Who couldn’t relate to their First World problems, plaid flannels, and lose grasp of the internet?

Mainstream Nihilism

From the Coen Bros to Fincher to Tarantino, filmmakers on the verge of explosive popularity seemed interested in one thing: mind f*cking their audiences by putting characters in situations (and plot lines) beyond anyone’s control.

Feeling better about that walk down memory lane? Good. Enjoy the revival.

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And revisit some important ’90s classics all this weekend during IFC’s ’90s Marathon. Check out the full schedule here.