The Supreme Court in June 2011 ruled by a margin of 7-2 that the State of California was inconsistent in claiming that it was acting on the behalf of parents, but then letting parents decide if their children could use violent games. The Supreme Court had an opportunity to reign in media violence at the expense of violating the premise of the First Amendment.
I suppose the idea of a Democratic Republic is just what it says, the technology, rights, and politics of the day have changed America. The preamble “Congress shall make no law” is the vital element to the First Amendment. Being in a Republic first ensures that the sovereignty of the people is protected and that the idea of Freedom of Speech did not necessarily protect the speaker or writer only the speech itself.
The history of the many fairy tales we tell today were not meant for children when they were written. They were meant for adults. Grimm’s Fairy Tales, the songs of the plague, Oliver Twist, and so on illustrate the vast history of life and of course the horrors that comes from mens as well as women’s minds.
The idea that the legislature of California can perceive itself a parent violates the premise of our Constitution. That is why Madison and many other Federalists were concerned about the lack of discipline and the potential for the states to give into political disarray and petty laws. Why can’t the parents assume that role in society.
The role of the Supreme Court clearly defined the First Amendment once again.