ESA Chief on SCOTUS Case: Confident, Yet Humble

June 16, 2010 -

Entertainment Software Association (ESA) President Michael Gallagher is “humble” about how trade group might fare in front of the U.S. Supreme Court, as the nation’s highest court prepares to rule on Entertainment Merchants Association (EMA) v. Schwarzenegger, which centers on a California law that attempts to make it illegal to rent or sell violent videogames to underage consumers.

In a pre-E3 briefing recounted by Joystiq, Gallagher said about the case, “We believe we're on the side of right here. We've believed that for 10 years. That hasn't wavered one iota. You go into this preparing to win, but also very prepared to handle the other conclusions as well”

A win would allow the ESA to put legislative issues behind and return its focus to providing incentives for industry members. Gallagher added, “[State government] moves like lightning and moves -- depending on where you are -- in an informed or uninformed manner. If we win, then we feel we'll be done at long last with these content issues.”

Gallagher also worries that a California win in the Supreme Court would open movies, television and books to additional restrictive legislation.


Comments

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

I'm sure they won't even be thinking of the other media that might be censored because of this. Free speech might be pretty much dead for TV, video games, music, books and so on if this passes.

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

There's a way the court could uphold the law but not say that video games aren't protected as free speech. they could just rule that states could decide the issue for themselves (states rights), and figure if the federal government ever tried to regulate games over the whole country that THAT would be unconstitutional. 

That's whats different about this case as compared to, for example, the animal cruelty videos case. the animal cruelty case was a federal law, this is a state law. I think the conservatives on the court really do believe that the first amendment only applies to the federal government but they go along with the current interpretation of the 1st Amend because of precedent. They could at any time though break precedent, or they could use this case as a way to chip away at it/at least not expand it. 

Even though liberals are not as dependable on free speech as they use to be Im pretty confident that they will vote to overturn the law. And Kennedy the swing vote will very likely vote with them. and then there may be a couple conservatives that go along with overturning the law as well. I think Roberts could. So the worst I see at this point is 5 to 4 to overturn the law, and it probably wont be that close. especially because of how it could effect precedent regarding film, television, books, plays, etc...
 

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

In reading the original article, Gallagher honestly seemed more humble than confident.  Then again, that may not be a terrible strategy.  He certainly wouldn't want to start crowing about victory at this point.  Better to remain humble and put tons of efforts into those briefs and arguments!

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

Oh I'm confident SCOTUS will confirm games as free speech, the question is whether the free speech rights of adolescents can be restricted "for their own good" as is already the case with pornography.  In other words this case hinges upon whether the variable obscenity guideline can be extended to violent as well as sexual content (I'm no lawyer, but my understanding is it was intended for sexual content). 

However do keep in mind, extending the variable obscenity guideline to violence opens to door for massive regulation of not only video games but television, movies and books, regulation that could be chilling to all these industies and ultimately have a massive impact on the kinds of media adults are able to choose.

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

I'm hoping games are seen as free speech.

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

Confidence isn't a bad thing, however, do be prepared for the worst.

 
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TechnogeekThe constant conflation of "you shouldn't do this" as a personal guideline and "you shouldn't do this" as something with the force of law is really getting tiresome. Lawful Neutral was garbage in D&D, and it's garbage in real life.07/01/2015 - 12:24pm
PHX Corphttp://kotaku.com/sources-warner-bros-knew-that-arkham-knight-pc-was-a-1714915219 Sources: Warner Bros. Knew That Arkham Knight PC Was A Mess For Months07/01/2015 - 11:49am
Andrew EisenIf you do, I hope you can provide some examples of people (again, other than random no-name numbnuts on Twitter) who are genuinely trying to dictate what should and should not be allowed so far as themes, topics, language, plot devices, etc. go.07/01/2015 - 9:43am
MattsworknameI'd go into why I think it's a bigger problem then most realize, but nows not the time really. I'll catch up with everyone later07/01/2015 - 9:42am
Andrew EisenThat's the thing though, rarely is anyone (again, other than random numbnuts on Twitter) attempting to dictate what can and cannot be said or done.07/01/2015 - 9:39am
Andrew Eisen"Don't write rape scenes" is being offered as advice (along with reasons for that advice) not a mandate.07/01/2015 - 9:37am
MattsworknameOh, on that last one andrew I wasn't talking about the article, I was being more general, lately it seems like all the news and media is trying to decide what is and isn't proper to say. Thats what i was refering to.07/01/2015 - 9:37am
Andrew EisenPerhaps you should consider reading the entire article. Despite quotes you can pull from the intro and conclusion, the author isn't arguing that you can't or shouldn't be allowed to cover a certain topic.07/01/2015 - 9:35am
MattsworknameOne of the things I hate right now is that people are trying to be the deciders of what is and isn't proper to be said. It's political correctness to a level that makes me angry.07/01/2015 - 9:29am
Mattsworknamemake them, i just tell peopel that I think what they did sucked. Just cause I dont like what they did, doesn't mean I can tell them "You shouldn't wrtie that" cause thats just another step on the way to telling them "YOU CANT WRITE THAT".07/01/2015 - 9:24am
MattsworknameNo, but you or I aren't the one to tell someone else what they can or cannot do beyond EXTREMELY narrow limits. Telling a person then shouldn't write something or say something. I may hate certain movies or music, doesn't mean I dont' tell peopel not to07/01/2015 - 9:23am
E. Zachary KnightHasbro is taking steps to fix its Dinosaur gender issues. http://io9.com/the-jurassic-world-dinosaur-toys-are-clever-girls-again-171513589607/01/2015 - 9:20am
TechnogeekImagine that level of accuracy, only applied to something that has actually caused physiological and psychological trauma in more cases than just whatever the equivalent of the CD-i Zelda games would be.07/01/2015 - 8:40am
TechnogeekThat's the issue I see as well, E. To put it in terms anyone reading this site will likely understand: you know how any time video games show up on TV, they feature absurdly outdated 3D graphics and/or audio from the Intellivison era?07/01/2015 - 8:40am
InfophileWell, you CAN go to a crowded streetcorner and tell everyone who passes by your social security number and bank account PIN, but you shouldn't. Is that censorship?07/01/2015 - 8:36am
E. Zachary KnightSo if it is going to turn out to be a bad scene, why even bother writing it?07/01/2015 - 8:07am
E. Zachary KnightMatts, Goth, The article, and others I have read making the same conclusion, state that most people fail in their attempts to write rape scenes without being overly offensive or overly incompetent in their attempt.07/01/2015 - 8:07am
Adam802http://www.sfgate.com/news/article/Ex-Sen-Leland-Yee-may-be-headed-for-a-plea-deal-6358941.php07/01/2015 - 7:12am
Adam802Possible plea deal in Yee case: http://www.mercurynews.com/crime-courts/ci_28408532/leland-yee-case-plea-deal-appears-likely07/01/2015 - 7:11am
MattsworknameInfo, Im with goth on this, the moment people start saying "You can but you shouldnt" thats a slow slide into censorship07/01/2015 - 6:05am
 

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