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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

How OWS confuses and ignores Fox News and the pundit class. - Slate Magazine - 0 views

  • I confess to being driven insane this past month by the spectacle of television pundits professing to be baffled by the meaning of Occupy Wall Street. Good grief. Isn’t the ability to read still a job requirement for a career in journalism? And as last week’s inane “What Do They Want?” meme morphs into this week’s craven “They Want Your Stuff” meme, I feel it’s time to explain something: Occupy Wall Street may not have laid out all of its demands in a perfectly cogent one-sentence bumper sticker for you, Mr. Pundit, but it knows precisely what it doesn’t want. It doesn’t want you. What the movement clearly doesn’t want is to have to explain itself through corporate television. To which I answer, Hallelujah. You can’t talk down to a movement that won’t talk back to you.
  • Occupy Wall Street is not a movement without a message. It’s a movement that has wisely shunned the one-note, pre-chewed, simple-minded messaging required for cable television as it now exists. It’s a movement that feels no need to explain anything to the powers that be, although it is deftly changing the way we explain ourselves to one another. Think, for just a moment, about the irony. We are the most media-saturated 24-hour-cable-soaked culture in the world, and yet around the country, on Facebook and at protests, people are holding up cardboard signs, the way protesters in ancient Sumeria might have done when demonstrating against a rise in the price of figs. And why is that? Because they very wisely don’t trust television cameras and microphones to get it right anymore. Because a media constructed around the illusion of false equivalencies, screaming pundits, and manufactured crises fails to capture who we are and what we value.
  • It must be painful for the pundits at Fox News. The more they demand that OWS explain itself in simple, Fox-like terms, the more cheerfully they are ignored by the occupiers around the country. As efforts to ridicule the protesters fail, attempts to repurpose the good old days of enemies lists falter; and efforts to demonize the occupiers backfire, polls continue to show that Americans support the protesters and share their goals. The rest of us quickly cottoned on to the fact that the only people who are scared of the “violent mobs” at Occupy Wall Street are the people being paid to call them violent mobs.
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