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U.S. Justice Sweated Over Brown v. EMA Ruling

by Ben Reeves on Aug 03, 2011 at 11:05 AM

The recent Supreme Court ruling that struck down the California law (Brown v. EMA) that would have banned the sale of violent video games to minors left a lot of gamers and industry professionals breathing a little easier. However, the Supreme Courts Decision wasn’t an easy one. Justice Elena Kagan recently recounted her difficulties voting in on that case.

During the Aspen Institute’s McCloskey Speaker Series, in Aspen Colorado, U.S. Supreme Court Justice Elena Kagan talked about her experiences as a new Justice, and reflected on how she felt the Brown v. EMA case was the most difficult ruling of the season.

"It was the case where I struggled most and thought most often I’m on the wrong side of it," she said during a moderated session at the conference. "You could see why the government would have wanted to do this and you can see the kind of danger it was worried about, the kind of effects these extremely violent video games have on young people."

Kagan added that she felt California was trying to do something noble, but that she felt it didn’t line up with the U.S. Constitution. "I couldn’t figure out how to square that with our First Amendment precedence and precedence is very important to me. I sweated over that mightily."

[Source: GamePolitics]