Nintendownsmii said:
From wizegeek.com: 'In the United States certain facts must be established for someone to be found guilty of slander. Assuming there is proof that the defendant uttered the alleged statement, the statement must be overheard by someone other than the subject or other “privileged” parties. Slander must also clearly identify the party or entity, and the intent must be malicious.' 'Some types of slander, however, are considered “slanderous per se” and are automatically awarded general damages without proof of special damages. In this case the slander must do one of the following: I think having her give multi-fellatio in a comic falls under this. |
Cases involving race, gender, and religion are subject to what's called "strict scrutiny". Which means you'll get an essentially purely textual interpretation of a violation of statute.
Again, and I stress this, this is not a political issue, it is a legal issue. The virtue of the court is that it endures the madness of the times. Once a justice is on the bench, they're on for life, so public opinion means precisely dick to them. Their job is to interpret the law without passion or prejudice.
There is a myriad of other things going on with an interpretation of the law beyond the specific statute such as interpretation, precedent, that pesky document called the Constitution. Jerry Falwell tried this when Larry Flint issued a cartoon about Falwell having sex with his mom in an outhouse, and they even tried going that route claiming it was his mother who was harmed.
If, for some crazy reason, it gets all the way to the Supreme Court you'd be lucky to get a 6-3 decision against Ubisoft, more than likely 7-2 or 8-1 (9-0 is usually reserved for going against personal approaches and consistency to law telling Congress "don't ever make a law like that again"). I can guarentee for sure Roberts, Thomas, Scalia, Stevens, Kennedy, and Alito would vote against Ubisoft. There's a 5-4 just going purely on cases prior of this nature and approaches to interpreting the law.
The general public would probably consider it more vile, being that it's so sexually repressed here, but thankfully the general public has no say on the interpretation of a law. We leave that up to the professionals, and let them do their job without having to worry about elections and public opinion.
3rd Party Wall of Shame
http://www.nintendoworldreport.com/forums/index.php?topic=30478.msg581036#msg581036







