Lately, I have noticed younger people (than I) touting shirts with the word freedom spelled “freedumb.” I’m not sure what the meaning behind the misspelling is but it is a bit unnerving. Freedoms are few and each is precious; people willingly die to protect them. Luckily, we have a Constitution that lifts our Supreme Court Justices out of the political fray, appoints them for life (allowing them to ignore the current and fleeting public opinion), which also allows them the ability to access their brains without fashionable bias. So it goes when California tried to prevent certain unspecified video games from being purchased by minors.
Brown, Gov of CA v. Entertainment Merchants Association, et al, 22 Fla. L. Weekly Fed. S1259 (June 27, 2011): Writ of Certiorari, Denied – Justice Scalia, joined by JJ. Kennedy, Ginsburg, Sotomayor, and Kagan, wrote the majority opinion. Justice Alito, joined by J. Roberts, wrote concurring opinon. JJ. Thomas and Breyer each filed dissents.
I am not going to do a quick brief on this since it is not directly related to a criminal law or rule. I think Scalia and his groupies got it right. Alito and Roberts may have a very weak but valid point in my opinion but I am glad it is not part of the majority. Thomas is trying to make a fundamental change in the way the Court views First Amendment cases as they relate to children (and he failed). And Breyer’s dissenting argument is basically that parents should have control over their kids so let’s make a law and do it for them.
I feel smarter every time I read these cases.