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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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A-O Rewind

Celebrating Portlandia One Sketch at a Time

The final season of Portlandia approaches.

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Most people measure time in minutes, hours, days, years…At IFC, we measure it in sketches. And nothing takes us way (waaaaaay) back like Portlandia sketches. Yes, there’s a Portlandia milepost from every season that changed the way we think, behave, and pickle things. In honor of Portlandia’s 8th and final season, Subaru presents a few of our favorites.

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Put A Bird On It

Portlandia enters the pop-culture lexicon and inspires us to put birds on literally everything.

Colin the Chicken

Who’s your chicken, really? Behold the emerging locavore trend captured perfectly to the nth degree.

Dream Of The ’90s

This treatise on Portland made it clear that “the dream” was alive and well.

No You Go

We Americans spend most of our lives in cars. Fortunately, there’s a Portlandia sketch for every automotive situation.

A-O River!

We learned all our outdoor survival skills from Kath and Dave.

One More Episode

The true birth of binge watching, pre-Netflix. And what you’ll do once Season 8 premieres.

Catch up on Portlandia’s best moments before the 8th season premieres January 18th on IFC.

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WTF Films

Artfully Off

Celebrity All-Star by Sisters Weekend is available now on IFC's Comedy Crib.

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Sisters Weekend isn’t like other comedy groups. It’s filmmaking collaboration between besties Angelo Balassone, Michael Fails and Kat Tadesco, self-described lace-front addicts with great legs who write, direct, design and produce video sketches and cinematic shorts that are so surreally hilarious that they defy categorization. One such short film, Celebrity All-Star, is the newest addition to IFC’s Comedy Crib. Here’s what they had to say about it in a very personal email interview…

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IFC: How would you describe Celebrity All-Star to a fancy network executive you just met in an elevator?

Celebrity All-Star is a short film about an overworked reality TV coordinator struggling to save her one night off after the cast of C-List celebrities she wrangles gets locked out of their hotel rooms.

IFC: How would you describe Celebrity All-Star to a drunk friend of a friend you met in a bar?

Sisters Weekend: It’s this short we made for IFC where a talent coordinator named Karen babysits a bunch of weird c-list celebs who are stuck in a hotel bar. It’s everyone you hate from reality TV under one roof – and that roof leaks because it’s a 2-star hotel. There’s a magician, sexy cowboys, and a guy wearing a belt that sucks up his farts.

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IFC: What was the genesis of Celebrity All-Star?

Celebrity All-Star was born from our love of embarrassing celebrities. We love a good c-lister in need of a paycheck! We were really interested in the canned politeness people give off when forced to mingle with strangers. The backstory we created is that the cast of this reality show called “Celebrity All-Star” is in the middle of a mandatory round of “get to know each other” drinks in the hotel bar when the room keys stop working. Shows like Celebrity Ghost Hunters and of course The Surreal Life were of inspo, but we thought it
was funny to keep it really vague what kind of show they’re on, and just focus on everyone’s diva antics after the cameras stop rolling.

IFC: Every celebrity in Celebrity All-Star seems familiar. What real-life pop personalities did you look to for inspiration?

Sisters Weekend: Anyone who is trying to plug their branded merch that no one asked for. We love low-rent celebrity. We did, however, directly reference Kylie Jenner’s turd-raison lip color for our fictional teen celebutante Gibby Kyle (played by Mary Houlihan).

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IFC: Celebrity seems disgusting yet desirable. What’s your POV? Do you crave it, hate it, or both?

Sisters Weekend: A lot of people chase fame. If you’re practical, you’ll likely switch to chasing success and if you’re smart, you’ll hopefully switch to chasing happiness. But also, “We need money. We need hits. Hits bring money, money bring power, power bring fame, fame change the game,” Young Thug.

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IFC: Who are your comedy idols?

Sisters Weekend: Mike grew up renting “Monty Python” tapes from the library and staying up late to watch 2000’s SNL, Kat was super into Andy Kaufman and “Kids In The Hall” in high school, and Angelo was heavily influenced by “Strangers With Candy” and Anna Faris in the Scary Movie franchise, so, our comedy heroes mesh from all over. But, also we idolize a lot of the people we work with in NY-  Lorelei Ramirez, Erin Markey, Mary Houlihan, who are all in the film, Amy Zimmer, Ana Fabrega, Patti Harrison, Sam Taggart. Geniuses! All of Em!

IFC: What’s your favorite moment from the film?

Sisters Weekend: I mean…seeing Mary Houlihan scream at an insane Pomeranian on an iPad is pretty great.

See Sisters Weekend right now on IFC’s Comedy Crib

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Reality? Check.

Baroness For Life

Baroness von Sketch Show is available for immediate consumption.

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Baroness von Sketch Show is snowballing as people have taken note of its subtle and not-so-subtle skewering of everyday life. The New York Times, W Magazine, and Vogue have heaped on the praise, but IFC had a few more probing questions…

IFC: To varying degrees, your sketches are simply scripted examples of things that actually happen. What makes real life so messed up?

Aurora: Hubris, Ego and Selfish Desires and lack of empathy.

Carolyn: That we’re trapped together in the 3rd Dimension.

Jenn: 1. Other people 2. Other people’s problems 3. Probably something I did.

IFC: A lot of people I know have watched this show and realized, “Dear god, that’s me.” or “Dear god, that’s true.” Why do people have their blinders on?

Aurora: Because most people when you’re in the middle of a situation, you don’t have the perspective to step back and see yourself because you’re caught up in the moment. That’s the job of comedians is to step back and have a self-awareness about these things, not only saying “You’re doing this,” but also, “You’re not the only one doing this.” It’s a delicate balance of making people feel uncomfortable and comforting them at the same time.

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IFC: Unlike a lot of popular sketch comedy, your sketches often focus more on group dynamics vs iconic individual characters. Why do you think that is and why is it important?

Meredith: We consider the show to be more based around human dynamics, not so much characters. If anything we’re more attracted to the energy created by people interacting.

Jenn: So much of life is spent trying to work it out with other people, whether it’s at work, at home, trying to commute to work, or even on Facebook it’s pretty hard to escape the group.

IFC: Are there any comedians out there that you feel are just nailing it?

Aurora: I love Key and Peele. I know that their show is done and I’m in denial about it, but they are amazing because there were many times that I would imagine that Keegan Michael Key was in the scene while writing. If I could picture him saying it, I knew it would work. I also kind of have a crush on Jordan Peele and his performance in Big Mouth. Maya Rudolph also just makes everything amazing. Her puberty demon on Big Mouth is flawless. She did an ad for 7th generation tampons that my son, my husband and myself were singing around the house for weeks. If I could even get anything close to her career, I would be happy. I’m also back in love with Rick and Morty. I don’t know if I have a crush on Justin Roiland, I just really love Rick (maybe even more than Morty). I don’t have a crush on Jerry, the dad, but I have a crush on Chris Parnell because he’s so good at being Jerry.

Jenn: I LOVE ISSA RAE!

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IFC: If you could go back in time and cast yourselves in any sitcom, which would it be and how would it change?

Carolyn: I’d go back in time and cast us in The Partridge Family.  We’d make an excellent family band. We’d have a laugh, break into song and wear ruffled blouses with velvet jackets.  And of course travel to all our gigs on a Mondrian bus. I feel really confident about this choice.

Meredith: Electric Mayhem from The Muppet Show. It wouldn’t change, they were simply perfect, except… maybe a few more vaginas in the band.

Binge the entire first and second seasons of Baroness von Sketch Show now on IFC.com and the IFC app.

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