SUPREME COURT HOSTILE TO VIDEO GAME LAWSUIT

Articles reporting on the oral argument in Schwarzenegger v. Entertainment Merchants Assn did not go well for the State of California.  The case, in which California is seeking greater power to regulate violent video games, appeared to show that only Justice Roberts appeared supportive of the law

US SUPREME COURT REVERSES CONVICTION ON FIRST AMENDMENT GROUNDS

The US Supreme Court has reversed a conviction on First Amendment grounds. In United States v. Stevens, the Court struck down a Federal law prohibiting the commercial creation of depictions of animal cruelty. The law barred such depiction even if no animals were actually harmed in the making of it.

The Court held that this provision was too broad as it barred an entire class of speech. While the ruling is not surprising, given similar precedent in pornography cases, it is surprising that eight Justices joined the majority (only Justice Alito dissented). Both Justices Thomas and Scalia have traditionally dissented in pornography cases dealing with similar issues.

SUPREME COURT TO HEAR CASE INVOLVING RELIGOUS ISSUES

The Supreme Court has decided to take up the case of Christian Legal Society v. Martinez. The case deals with whether a religious student organization, or the school on which it operates, should be permitted to determine membership in the Group. The case will be argued this coming April.

Given the Supreme Court's prior rulings on similar issues, the issue of whether the school gets to determine membership will likely hinge on whether the organization meets/conducts activities during school hours.