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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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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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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