Citing Grimm’s Fairy Tales, Homer and Dante, as well as Golding’s Lord of the Flies, in his opinion for the majority Justice Scalia said that violent speech, in this case video games, even when directed at children is still protected under the first amendment.
The case is Brown v. Entertainment Merchants.
In another First Amendment case where the speech in question is privately raised campaign money the Court struck down an Arizona law that would provide matching funds to candidates who accept public financing.
“Laws like Arizona’s matching funds provision that inhibit robust and wide-open political debate without sufficient justification cannot stand” wrote Chief Justice Roberts in his majority opinion.
Justice Kagan in her dissent, joined by Justices Ginsberg, Breyer and Sotomayor, and announced from the bench wrote: “Petitioners . . . are making a novel argument: that Arizona violated their First Amendment rights by disbursing funds to other speakers even though they could have received (but chose to spurn) the same financila assistance”. She added, “Some people might call that chutzpah.”
The consolidated cases are Arizona Free Enterprise v. Bennett and McComish v. Bennett.
A few chuckles at the Court yesterday ( see Dahlia Lithwick’s story in Slate ), so I thought I’d post a couple doodles I did as the Justices announced their opinions.
In his opinion in Staub v. Proctor Hospital Justice Scalia said it was a “cat’s paw case”.
He was quoting the Seventh Circuit’s Judge Posner, but the reference is to a fable by Jean de La Fontaine.
And Chief Justice Roberts, to explain why the Court unanimously found that AT&T does not posses personal privacy, even if it is a person, cited the distinct meanings of “corn” and “corny”, and “crank” and “cranky” ( see “Crafty Craft & Squirrel Squirrels” ). He concluded his opinion by saying, “We trust that AT&T will not take it personally”.
For the record, Justice Scalia does not posses a cat’s paw and the Chief Justice did not hold up an ear of corn.
Since corporations are “persons”, the lawyer for AT&T argued, it follows that corporations have “personal privacy”. But Chief Justice Roberts pointed out that the adjective may not have the same meaning as it’s root : “Totally different. Crafty doesn’t have much to do with craft. Squirrel, squirrely. ….Same root, totally different”.
Dahlia Lithwick writes about it here.