California ban on sale of 'violent' video games to children rejected

Washington (CNN) -- The Supreme Court has struck down a California law that would have banned selling "violent" video games to children, a case balancing free speech rights with consumer protection.

The 7-2 ruling Monday is a victory for video game makers and sellers, who said the ban -- which had yet to go into effect -- would extend too far. They say the existing nationwide, industry-imposed, voluntary rating system is an adequate screen for parents to judge the appropriateness of computer game content.

The state says it has a legal obligation to protect children from graphic interactive images when the industry has failed to do so.

"As a means of assisting concerned parents it (the law) is seriously overinclusive because it abridges the First Amendment rights of young people whose parents (and aunts and uncles) think violent video games are a harmless pastime," wrote Justice Antonin Scalia for the majority.

In dissent, Justice Stephen Breyer framed the law's intent differently.

As a means of assisting concerned parents it (the law) is seriously overinclusive because it abridges the First Amendment rights of young people whose parents (and aunts and uncles) think violent video games are a harmless pastime.
--Justice Antonin Scalia, writing for the majority

"The First Amendment does not disable government from helping parents make such a choice here -- a choice not to have their children buy extremely violent, interactive games," he wrote.

At issue is how far constitutional protections of free speech and expression, as well as due process, can be applied to youngsters. Critics of the content-based restrictions say the government would in effect be engaged in the censorship business, using "community standards" to evaluate artistic and commercial content.

A federal appeals court in San Francisco last year tossed out the law before it took effect, after then-Gov. Arnold Schwarzenegger signed it in 2005. He had applauded the high court's decision to intervene. "We have a responsibility to our kids and our communities to protect against the effects of games that depict ultraviolent actions, just as we already do with movies," the governor said. The onetime actor made his name playing characters engaged in similarly violent acts in such movies as "Terminator."

The legislation was designed to strengthen the current industry-controlled rating system, and would have placed an outright ban on the sale or rental to those under 18 of games deemed excessively "violent." As defined by California, such interactive games are those in which the player is given the choice of "killing, maiming, dismembering or sexually assaulting an image of a human being" in offensive ways. It also defined such games as those that would "appeal to a deviant or morbid interest of children and are patently offensive to prevailing community standards."

Retailers would have faced up to $1,000 fine for violations. The law would also have required game makers and retailers to place an "18" label prominently on excessively violent games.

In an unusual coalition, Scalia's majority opinion had the support of Justices Anthony Kennedy, Ruth Bader Ginsburg, and Sonia Sotomayor.

Scalia noted the court had never permitted government regulation of minors' "access to any forms of entertainment except on obscenity grounds."

He said the California law was one of many similar ones over the years, which he called "failed attempts." He cited movies, comic books, television, music lyrics, even Grimm's fairy tales and "Snow White," for their violent content.

But Justices Samuel Alito and Chief Justice John Roberts, while agreeing California went too far, nevertheless suggested a more narrowly tailored law might meet free-speech scrutiny.

"We should make every effort to understand the new technology" presented in these sophisticated video games, said Alito.

The First Amendment does not disable government from helping parents make such a choice here -- a choice not to have their children buy extremely violent, interactive games.
--Justice Stephen Breyer , in a dissent

Along with Breyer, Justice Clarence Thomas also dissented, saying the law's requirement of having parents purchase the games for their underage children was reasonable. "The freedom of speech as originally understood, does not include a right to speak to minors, without going through the minors' parents or guardians," he said.

The gaming industry sued in federal court and won an injunction halting enforcement of the law until the courts sorted out the constitutional questions. The game "Postal 2" was specifically cited by the state as potentially subject to the proposed statutory ban. The manufacturer, Running With Scissors, Inc., based in Tucson, Arizona, rates it as "M" for a mature audience only, with "blood and gore," "intense violence" and "sexual themes" as part of its content.

Other games listed by parent groups as being of concern are "Full Spectrum Warrior" and "Call of Duty: Modern Warfare 2," where players at one level can view terrorists slaughtering civilians at an airport.

The video game industry, as part of its appeal, sent several PlayStation video games to the justices to view, including "Medal of Honor" and "Resident Evil 4."

The game industry racks up $10.5 billion in yearly sales. The industry claims more than two-thirds of households have at least one member who plays video games.

The motion picture industry has its own self-monitoring ratings system, imposed decades ago after complaints that some films were too explicit for the general audience in what was seen and heard. The gaming industry says its ratings system roughly follows the same self-imposed guidelines, and ratings are clearly labeled on the packaging.

Similar complaints have been raised over the decades over children's exposure to pulp novels and comic books, in addition to pornography.

Efforts in at least eight other states to restrict gaming content have been rejected by various courts. Video game makers have the support of various free-speech, entertainment, and media organizations. Nine states also agree, noting California's law has good intentions but would compel law enforcement to become "culture critics" and "distract from the task of policing actual violence."

But 11 other states back California, saying they have enjoyed a traditional regulatory power over commerce aimed at protecting children, including such goods as alcohol and cigarettes.

The Supreme Court in recent years has thwarted repeated congressional attempts to protect children from internet pornography, saying legislation went too far in limiting adult access to lawful, but explicit, sexual content on the Web.

And the justices this spring threw out a federal law limiting the sale of graphic videos of animal cruelty.

The case is Brown v. Entertainment Merchants Assn. (08-1448).

CNN

Justices rule fleeing police is a 'violent' felony

The Supreme Court has ruled that fleeing police can be a violent felony."Risk of violence is inherent to vehicle flight," Justice Anthony Kennedy saysThe court rejects the argument that a car chase shouldn't lead to a stricter sentenceJustice Scalia dissents, saying the law should be declared "void for vagueness'Justices Kagan and Ginsburg, in a separate dissent, argue there was no violent felony

Washington (CNN) -- They have become staples of many cable and broadcast television stations: high-speed, often dangerous police pursuits of fleeing motorists, videotaped and packaged into such shows as "World's Wildest Police Chases."

In an appeal that came to the Supreme Court, the issue was: When do such incidents cross over into the realm of "violent felonies" that could lead to increased jail time?

The justices, by a 6-3 vote Thursday, dismissed an appeal from an Indiana man who received an enhanced federal sentence because of prior serious offenses, one of which was for trying to escape in a vehicle.

Justice Anthony Kennedy said that while the federal law in question does not specifically mention dangerous car chases, they clearly are the kind of crime that deserves to be treated more seriously.

"Risk of violence is inherent to vehicle flight," Kennedy said. "It is well known that when offenders use motor vehicles as their means of escape they create serious potential risks of physical injury to others. Flight from a law enforcement officer invites, even demands, pursuit."

Marcus Sykes had pleaded guilty to felony possession of a firearm, a federal offense. He had attempted to rob two people at gunpoint, according to court records. He also had at least three prior felonies on his record, including an armed robbery.

It was the third felony that concerned the high court. Indiana's "resisting law enforcement" law provides various criteria, depending on the circumstances, for those who flee officers. Sykes had at one time used a vehicle to escape after an officer had ordered him to stop, which is a felony under state law.

Officers had noticed Sykes driving without headlights, and when police flashed their emergency sirens, the suspect took off and a chase ensued. Prosecutors said Sykes drove on the wrong side of the road and through yards with residents nearby, then rammed a fence and finally crashed into a house. He fled on foot and was eventually captured, thanks to a police dog in pursuit.

Under the federal Armed Criminal, Career Criminal Act, Sykes received a mandatory minimum 15-year prison term for the gun possession charge, enhanced because of his past criminal record. The law was designed to get tough with habitual felons through longer sentences.

Sykes appealed, admitting he fled police and that it was a felony, but he argued it was not violent" The federal law labels as violent felonies such offenses such as burglary, arson or extortion, or where there is "conduct that presents a serious potential risk of physical injury to another."

Kennedy said the "serious potential risk" standard applies to Sykes' driving behavior, since he repeatedly refused to pull over and submit to custody.

"As that pursuit continues, the risk of an accident accumulates," Kennedy wrote. "And having chosen to flee, and thereby commit a crime, the perpetrator has all the more reason to avoid capture."

This is the fourth time in the past four years the high court has tried to clarify the meaning of "violent felony" under the so-called residual clauses of the federal law.

In a typically sharp dissent, Justice Antonin Scalia said the law, like the majority's efforts to interpret its boundaries, is ultimately a failure.

"Today's opinion will sow further confusion," he wrote. "Insanity, it has been said, is doing the same thing over and over again but expecting different results. Four times is enough" in trying to clarify what are violent felonies under the career-criminal law. He said the statute should be declared "void for vagueness."

Justice Elena Kagan also dissented, but for far different reasons. She said that under the state's own guidelines, Sykes' conduct was clear: there was no aggravated vehicular flight.

"Because petitioner Marcus Sykes was convicted only of simple vehicular flight, and not of any flight offense involving aggressive or dangerous activity, I would find he did not commit a 'violent felony'" under the federal law.

Supported by Justice Ruth Bader Ginsburg, Kagan said states properly distinguish among various types of efforts to escape police, and that the high court should have relied on those state standards to make its ruling, rather than trying to parse the federal law's definition of "violent" felony, which does not specifically include vehicular flight.

Kennedy in his ruling cited a study by the International Association of Chiefs of Police showing that at least 7,737 police chases were reported nationwide from 2001 through 2007. Those pursuits resulted in 313 injuries to police and bystanders, or a rate of about 4-in-100.

There was no indication whether the pursuit of Sykes was videotaped by a police dashboard camera, and if so, whether that visual record was used against him in the trial or subsequent appeals.

The case was Sykes v. United States (09-11311).

CNN

Afghan rally over NATO raid turns violent; 11 die (AP)

By RAHIM FAIEZ and HEIDI VOGT, Associated Press Rahim Faiez And Heidi Vogt, Associated Press – 16 mins ago

KABUL, Afghanistan – Hundreds of protesters, angered by an overnight NATO raid that they believed had killed four civilians, clashed on Wednesday with security forces on the streets of a northern Afghan city. The clash killed at least 11 people, government officials said.

The demonstrators fought with police and tried to assault a NATO outpost in the city of Taloqan, the capital of Takhar province, the officials said, adding that some 50 were injured.

The protest was triggered by a NATO raid hours earlier on the outskirts of the city. The coalition said four insurgents died in the operation and that two others were detained.

Night raids targeting insurgents regularly stir up controversy in Afghanistan, where angry residents often charge the next day that international forces go after the wrong people or mistreat civilians as they search compounds. Success by NATO in reducing civilian casualties and agreements to conduct night raids alongside Afghan forces have not managed to stem the tide of accusations.

Provincial Gov. Abdul Jabar Taqwa said the four casualties from the raid were two women and two men who were killed when troops burst into a home in an area known as Gawmal late Tuesday night. He said that no one in his government was informed about the raid and that NATO acted unilaterally.

NATO confirmed it killed four people, two of them women, but said all were armed and tried to fire on its troops. NATO said the raid was conducted by a "combined Afghan and coalition security force," according to coalition policy.

A spokesman for NATO forces said that the governor was contacted ahead of the raid.

"It is standard practice in Takhar province to contact the Afghan provincial leadership prior to an operation. In this case, calls were placed to the provincial governor six times prior to the operation," Maj. Michael Johnson said. He also reiterated that Afghan forces took part in the operation.

"We are aware of the claims of civilian casualties, and are looking into them," Johnson added.

Provincial police chief Gen. Shah Jahan Noori said he had not been informed of the operation and said none of his officers were involved. Army officials could not be reached immediately for comment.

NATO said that the raid targeted a man working with the Islamic Movement of Uzbekistan — an insurgent group that is powerful in the north. The man was involved in arms trafficking and building explosives, NATO said. The alliance did not say if he was killed or captured.

It is rare for women to be part of an insurgent fighting force in Afghanistan, but not unheard of. There have been cases in the past of women fighting with the insurgency, including as suicide bombers.

NATO said in its statement that one of the women was armed with an assault rifle and tried to fire on the troops. The other woman was armed with a pistol and pointed her gun at the security force as she was trying to escape the compound.

On Wednesday, hundreds of people gathered on the road from Gawmal to Taloqan and carried the four bodies on platforms as they marched into the city, according to an Associated Press Television News cameraman at the scene. They shouted insults at Afghan President Hamid Karzai and the United States as they pumped their fists in the air.

"Death to Karzai! Death to America!" they yelled.

The governor, Taqwa, estimated that there were about 1,500 demonstrators.

The protest turned violent as some in the crowd started looting shops and throwing stones at a small German base in the city. Police were out throughout the city trying to calm the crowd, Taqwa said. Gunfire could be heard in a number of neighborhoods and troops at the German outpost shot off rounds in an attempt to disperse the crowd outside their walls.

The German military said in a statement that the demonstrators threw hand grenades and Molotov cocktails into the base, injuring two German soldiers and four Afghan guards. The German soldiers, one of whom was lightly injured and one somewhat more seriously, were both in stable condition, the military said.

At least 11 protesters were killed in the fighting, and 50 people were wounded — some of them police officers, said Faiz Mohammad Tawhedi, a spokesman for the Takhar government.

Defense Ministry spokesman Gen. Mohammad Zahir Azimi noted that civilian casualties from NATO forces have decreased drastically over the past three years, but said that any possible civilian deaths are still a concern for the government.

"Civilian casualties are always our main concern and preventing them is the priority of the Afghan leadership," Azimi said.

In the south, meanwhile, a NATO service member died Wednesday in an insurgent attack, the military coalition said. NATO did not provide further details or the service member's nationality.

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Palestinian teen's funeral turns violent

Palestinian youth throw stones during clashes with Israeli police on May 13, 2011, in Issawiya, East Jerusalem.NEW: Israeli police arrest four PalestiniansNEW: Several people are treated for tear gas inhalation, medical official says Witnesses say clashes erupt during funeral procession for Palestinian teen Israeli police are bracing for violent clashes as Palestinians mark ''Nakba Day''

Jerusalem (CNN) -- A funeral procession for a Palestinian teenager who died from a gunshot wound turned violent Saturday when participants clashed with Israeli police, witnesses said.

Scattered clashes between Palestinians and Israeli security forces began Friday in various locations throughout East Jerusalem, which Palestinians want named as the capital of a Palestinian state.

Palestinians hurled stones; Israelis fired tear gas. Israeli police arrested four Palestinians, said police spokesman Micky Rosenfeld.

Several people were treated for tear gas inhalation, said a Palestinian Medical Authority official. One person was injured in a beating.

Both sides were bracing for more violence as Palestinians prepared for "Nakba Day" on Sunday. Nakba, meaning catastrophe in Arabic, marks the period when more than 700,000 Palestinians were forced or fled their homes during the fighting following the creation of Israel in 1948.

Milady Ayahs, 17, was participating in a protest Friday when Israeli police shot him, his family said. He died early Saturday, according to police and his family. The incident is under investigation.

Initial reports were that no live ammunition was used by police who responded to the protests, Rosenfeld said. He said Ayahs was taken to the hospital with what appeared to be a gunshot wound to the shoulder.

Rosenfeld said police asked to perform an autopsy on Ayahs to aid the investigation, but the family declined.

Hundreds of Palestinians joined the funeral procession that began at Ayahs' family home near Jerusalem's Old City and was winding its way toward a burial ground when a number of procession-goers threw rocks at Jewish settlers and police, who in turn threw tear gas at the procession-goers.

Despite the violence, the procession continued to the al-Aqsa mosque, considered the third holiest site in Islam, where Ayash was buried.

Tensions in the streets were rising with thousands of Israeli police deployed in anticipation of increased tension surrounding Nakba Day.

At the mosque, young men in the funeral procession draped Palestinian flags on the roof -- a rare, strong political statement, according to witnesses.

CNN's Kevin Flower and Kareem Khadder contributed to this report.

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Violent criminals expand into cigarettes

There is so much illicit money to be made, Penninger said, that some drug and weapon trafficking organizations are adding tobacco to their product lines to boost profits. For example, in low-tax states such as Virginia, where cigarettes cost about $4.50 per pack, smugglers can sell a truckload (typically 800 cases) in New York at $13 per pack. New York is the highest tobacco taxing jurisdiction in the country.

Smuggling costs states and the government about $5 billion, according to U.S. government estimates.

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