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James Goodman

Sex, Violence and the Supreme Court - NYTimes.com - 0 views

  • Quite a bit of rough stuff was bandied about in one of the final Supreme Court decisions of the term released last month — dismembering, bondage, decapitation, a bounty of bloodletting in video games that bring the thrill of the kill to new levels. No problem there, in the view of the court: for children who want to simulate brutal homicide, it’s protected free speech.Sex, not so good. Naked women. Naked men. Fornication. Ewww! The black-robed majority made it clear that the United States of America will always make an exception for sex: “historically unprotected speech,” in the words of Justice Antonin Scalia, who wrote the 7-2 video game opinion.
  • The take-away point from Brown v. Entertainment Merchants Association was that the court continued to expand freedoms granted by the First Amendment. But in overturning a California attempt to ban underage video game sales, the case revealed a fascinating intra-justice discussion about modern depictions of sex and violence — why one can be censored, and the other cannot.Ultimately, the back-and-forth by the high court reinforced the notion of a nation that will always be a little skittish about sex, while viewing violence as American as apple pie. If this ruling is indeed a triumph for the First Amendment, it continues a strange double standard.
  • In dissent, Justice Stephen Breyer pressed the issue of why it was O.K. to protect children from sexual images but not from the worst kind of human carnage. His zinger points merit a second look before court-watchers settle into their Adirondack chairs for the summer:But what sense does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting a sale to that 13-year-old of an interactive video game in which he actively but virtually binds and gags the woman, then tortures and kills her?Breyer expanded further, pointing to the absurd implications of the court’s drift. “What kind of First Amendment would permit the government to protect children by restricting sales of that extremely violent video game only if the woman — bound, gagged, tortured and killed — is also topless?”
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  • Since he asked, the answer seems to be that a First Amendment that bans an exposed breast to a certain age group is a good thing, while a First Amendment that gives that same age group unfettered access to avatars lopping off a breast is benign. It’s a theme that runs through the culture, enough so that Scalia could breezily dismiss parental concerns about the violent digital playpen he’s so afraid of regulating. “Mortal Kombat” and other games of graphic mayhem are part of a long, cherished tradition, this most conservative of justices argued.
James Goodman

The Supreme Court's continuing defense of the powerful - The Washington Post - 0 views

  • The United States Supreme Court now sees its central task as comforting the already comfortable and afflicting those already afflicted. If you are a large corporation or a political candidate backed by lots of private money, be assured that the court’s conservative majority will be there for you, solicitous of your needs and ready to swat away those pesky little people who dare to contest your power.
  • This court has created rules that will have the effect of declaring some corporations too big to be challenged through class actions, as AT&T customers and female employees at Wal-Mart discovered.
  • In 1912, Theodore Roosevelt warned that the courts had “grown to occupy a position unknown in any other country, a position of superiority over both the legislature and the executive.” Worse, “privilege has entrenched itself in many courts just as it formerly entrenched itself in many legislative bodies and in many executive offices.”What happens to a democracy when its highest court dedicates itself to defending privilege? That’s the unfortunate experiment on which we are now embarked. ejdionne@washpost.com
James Goodman

Human rights: The gay divide | The Economist - 0 views

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    "THERE was a teenager in Arizona in the 1970s who "could no more imagine longing to touch a woman than longing to touch a toaster". But he convinced himself that he was not gay. Longing to be "normal", he blamed his obsession with muscular men on envy of their good looks. It was not until he was 25 that he admitted the truth to himself-let alone other people. In 1996 he wrote a cover leader for The Economist in favour of same-sex marriage. He never thought it would happen during his lifetime. Yet now he is married to the man he loves and living in a Virginia suburb where few think this odd. The change in attitudes to homosexuality in many countries-not just the West but also Latin America, China and other places-is one of the wonders of the world (see article). This week America's Supreme Court gave gay marriage another big boost, by rejecting several challenges to it; most Americans already live in states where gays can wed. But five countries still execute gay people: Iran hangs them; Saudi Arabia stones them. Gay sex is illegal in 78 countries, and a few have recently passed laws that make gay life even grimmer. The gay divide is one of the world's widest (see article). What caused it? And will tolerance eventually spread? Two steps forward and one back The leap forward has been startlingly quick. In the 1950s gay sex was illegal nearly everywhere. In Britain, on the orders of a home secretary who vowed to "eradicate" it, undercover police were sent out to loiter in bars, entrap gay men and put them in jail. In China in the 1980s homosexuals were rounded up and sent to labour camps without trial. All around the world gay people lived furtively and in fear. Laws banning "sodomy" remained in some American states until 2003. Today gay sex is legal in at least 113 countries. Gay marriages or civil unions are recognised in three dozen and parts of others. In most of the West it is no longer socially acceptable to be homophobic. Gay life in C
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