ESA Responds to Schwarzenegger v. EMA California Brief

July 14, 2010 -

While the Entertainment Software Association (ESA) has until September 10 to file its own brief with the U.S. Supreme Court in regards to Schwarzenegger v. EMA, the organization issued a statement in reaction to a brief filed by the state of California on Monday.

Trumpeting the ESA's dominating string of victories in such cases, and perhaps attempting to take some of the wind out of the sails of California State Senator Leland Yee, ESA President and CEO Michael Gallagher stated:

Computer and video games are First Amendment protected speech. There is an unbroken chain of more than a dozen previous court rulings agreeing. Courts across the country recognize that computer and video games, like other protected expression such as movies, books, and music, have an artistic viewpoint, and use sounds and images to create an experience and immerse the player in art. That is why other courts have unanimously affirmed that video games are entitled to the same constitutional protection as movies, music, books, and other forms of art.

California’s law is no different than others before it. It is clearly unconstitutional under First Amendment principles. We look forward to presenting our arguments in the Supreme Court of the United States and vigorously defending the works of our industry’s creators, storytellers and innovators.


Comments

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I hope for this law to fail just to see Mr. Yee and the governator cry like babies.

http://www.magicinkgaming.com/

Re: ESA Responds to Schwarzenegger v. EMA California Brief

How about because it's a bad law?

Seriously, guys, let's be adults here.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

"California’s law is no different than others before it. It is clearly unconstitutional under First Amendment principles."

Forget constitutionality.  Hell, forget the niggling detail that there's no harm to protect children from in the first place.

This law, flat-out, would not work.  It would do nothing to prevent children from playing violent games (even if they did cause harm).  I think that's enough to shoot it down right there.

 

Andrew Eisen

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Hasn't exactly stopped the drinking age or the drug war.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Yes, the CA law certainly isn't alone in that regard.  Plenty laws that any 6-year-old could tell you wouldn't work make it on the books.

 

Andrew Eisen

Re: ESA Responds to Schwarzenegger v. EMA California Brief

It's been my experience that most 6 year olds have a lot more sense than many adults.

===============

Chris Kimberley

===============

Chris Kimberley

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I just realized there has been no mention of the ESRB ratings (a private organization) being given the force of law.  I take it then that the law is looking for alternative methods of determining which games are "offensive"?

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Yeah. The law is not based on the ESRB ratings or anything like that. It is based on a definition of "excessive violence" that is put in place by whom ever is the elected official in the city in which the complaint is raised or the state Attorney General.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I call california's Brief The equiviant of Jack thompson's bizzare Commentary on his Lawsuits

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I don't think it's quite on the same level as JT's bizarre rantings.  It's dead wrong, of course, but it's not completely insane.

I think that's the main difference between Thompson and Yee.  Yee's basically a good guy, he's polite and he engages the video game community with respect.  I disagree, fundamentally, with his stance, and I believe, strongly, that he's wasting the time and money of a state that's already in dire financial straits in order to attempt to curtail freedoms guaranteed by the First Amendment.  But at least he's not a raving lunatic.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I think that Yee is a douche and he just is educated enough to deguise it behind a polite attitude, but when everything this fail (and it will) we will see his real face, not very far of what Jack Thompson was some years ago.

No one can claim that an entire industry and its users are a danger for society and being 100% polite.

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Now see, calling someone childish names because he disagrees with you IS the sort of thing JT's famous for.  This is the exact point I'm making -- we can disagree with people like Yee without stooping to JT's level, and Yee can show the same respect to us.

I don't agree with the guy, I think his position is utterly wrongheaded and misguided, and I think his crusade is a spectacularly bad idea.  But he doesn't go around calling people douches.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Call you names? He threatens to sue every other person.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Er, you know he's a state senator, not a practicing lawyer, right?

Re: ESA Responds to Schwarzenegger v. EMA California Brief

You mean how he was extremely sure he would come out victorious but all he was doing was taking someone's pencil and going "Haha, now you can't write!!!"

 
Forgot your password?
Username :
Password :

Poll

Is King right? Should all games adopt the free-to-play model?:

Shout box

You're not permitted to post shouts.
Papa MidnightWith GTA5 (to date) failing to even provide indication of a PC release, I'm realising that this might be the first GTA game that I have not played (outside of Chinatown Wars) since the series inception.04/19/2014 - 8:14am
IanCSo im guessing a bunch of edutainment games, which a lot of people elsewhere are going gaga over, dot count as classics? Okay. If you don't mind me, i have a sudden urge to play Putt Putt....04/19/2014 - 6:15am
MaskedPixelantehttp://www.joystiq.com/2014/04/18/playstation-99-cent-sale-discounts-tokyo-jungle-super-stardust/ Weekend long PSN flash sale. So much stuff is 99 cents for the rest of the weekend.04/18/2014 - 5:59pm
Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
 

Be Heard - Contact Your Politician