Violence OK, Porn NOT OK

A California law that sought to prevent the sale of violent video games to children was struck down by the Supremes in Brown vs. Entertainment Merchants Association No. 08-1448.

Apparently that is free speech according to the majority, and the "conservative activist judge" Scalia, confirmed by a 98-0 vote in a Democratic Senate in 1986, wrote:

Like the protected books, plays and movies that preceded them, video games communicate ideas — and even social messages — through many familiar literary devices (such as characters, dialogue, plot and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection. [T]here was no tradition in this country of specially restricting children's access to depictions of violence. [G]rimm's Fairy Tales, for example, are grim indeed.

Way to go, Scalia!

In a rare moment of butt-buddy desertion, Clarence "Pubic Hair on a Coke can" Thomas disagreed. He said that California's law should be upheld because juveniles had no right to free speech.

Obviously, juveniles are not citizens of the US.  When will Obama deport these urchins back to where they came from?

What is notable in the above is that neither invoked States' rights as the trumping reason. Thomas in the past has insisted that at least part of the First Amendment does not apply to States, but just to Congress, because it clearly states "Congress shall make no ...".

Anyhoo, Californian kids can thank Scalia (and Ginsburg, et al.) for their inalienable right to play violent video games.

But what about kids from the gay-marriage-happy state of New York? Can they choose to be more cultured,  a bit more refined perhaps, shun the gratuitous violence, and instead opt for some, oh let's say, fuck films?

No fucking way!

There is a precedent you see; set only yesterday! Well 1968 really, but what's a decade or four?

So killing a fucking whore in a video game is OK. Watching the same fucking whore fuck on a DVD? 

No fucking way!

Scalia to the rescue again:

Because speech about violence is not obscene, it is of no consequence that California’s statute mimics the New York statute regulating obscenity-for-minors that we upheld in...