Supreme Court Rules CA Video Game Ban Unconstitutional

[Gwynplaine]

Makes me wonder then if he would advocate for government enforced access to movies as well.

[Correction]

More delicious analysis

http://www.theatlantic.com/national/...nalism/241102/

As I've written before, "originalists" like to claim that they are restrained and faithful in their constitutional interpretation, while all others are mushy-minded "living constitutionalists" who twist the Constitution to meet their present policy desires. But the fact is that, in nine cases out of ten, "originalists" are the ones employing free-form interpretive techniques, applying them to carefully selected historical materials rather than to the text and structure of the Constitution. The result is a claim that ancestral voices have told them how to resolve present legal disputes. Justice Thomas's dissent should stand, for a while, as the most egregious example of this voices-in-my-head originalism. Indeed, one could go further and point to it as an example of how "originalism" can become entirely unmoored from reality and drift dangerously toward what Newt Gingrich might once have called "right-wing social engineering."

zing!