Yes, you are correct. I wrote the comment too hastily. To expand a bit on this, the heuristic Thomas follows is "did the government simply do what a reasonable parent would do under the same circumstances?". Thomas' argument in Brown was that adults would still be able to purchase some of the violent video games, as would children with explicit adult permission -- but absent parental involvement a government would act similarly to an average parent (prohibit purchase of certain video games).
He used similar logic in case of school censorship (if a parent would reasonable want to prohibit a student from wearing a shirt with an illicit message) or search and seizure (if a parent would reasonable want to search a students' person in one case, so may a school do so).
Personally, I disagree with this logic: the government is not the parent and in all of the above cases the parent could still exercise authority without the statute at hand (a parent can prohibit a child from playing video games, wearing a certain t-shirt, etc...).
Furthermore it's often insufficient nuanced: the standard is too vague (two children of same age may differ wildly maturity wise, some children may become "emancipated minors", etc...).
I personally believe there should be a "gateway" for youth to have greater civil rights (the right to vote, emancipate themselves, work under adult labour laws, serve in the military, etc...) -- but I haven't spent much time thinking how such a gateway would work.
strlen|13 years ago
He used similar logic in case of school censorship (if a parent would reasonable want to prohibit a student from wearing a shirt with an illicit message) or search and seizure (if a parent would reasonable want to search a students' person in one case, so may a school do so).
Personally, I disagree with this logic: the government is not the parent and in all of the above cases the parent could still exercise authority without the statute at hand (a parent can prohibit a child from playing video games, wearing a certain t-shirt, etc...).
Furthermore it's often insufficient nuanced: the standard is too vague (two children of same age may differ wildly maturity wise, some children may become "emancipated minors", etc...).
I personally believe there should be a "gateway" for youth to have greater civil rights (the right to vote, emancipate themselves, work under adult labour laws, serve in the military, etc...) -- but I haven't spent much time thinking how such a gateway would work.