“That Would Be Very Nice”

Quintessential Justice Scalia, from the oral argument in the First Amendment violent video games case:

JUSTICE GINSBURG: Is there — you’ve been asked questions about the vagueness of this and the problem for the seller to know what’s good and what’s bad. California — does California have any kind of an advisory opinion, an office that will view these videos and say, yes, this belongs in this, what did you call it, deviant violence, and this one is just violent but not deviant? Is there — is there any kind of opinion that the — that the seller can get to know which games can be sold to minors and which ones can’t?

MR. MORAZZINI: Not that I’m aware of, Justice Ginsburg.

JUSTICE SCALIA: You should consider creating such a one. You might call it the California office of censorship. It would judge each of these videos one by one. That would be very nice.

UPDATE: I forgot to mention, just for the sake of full disclosure, that my Mayer Brown LLP colleagues and I cowrote an amicus brief in this case.