ESA and EMA File SCOTUS Brief

September 10, 2010 -

Billing the California law at the heart of the Schwarzenegger vs EMA Supreme Court case as the “latest in a long history of overreactions to new expressive media,” the Entertainment Software Association (ESA) and Entertainment Merchants Association (EMA) have filed their argument against the restriction of videogame sales in California.

The brief contends that videogames are a form of expression “as rich in content as books and movies,” and that they “are fully protected by the First Amendment.”

It was written that “California’s argument is not saved by the fact that the State is purportedly acting to assist parents,” adding:

That justification could justify a ban on virtually anything, including the sale of particular books to minors without parental consent. Parents certainly have the right to determine what expression they want their minor children to experience. But that parental prerogative does not give the government the right to decide what is worthy for minors to view.

 

The Court should continue to put its trust in parents in the first instance, rather than politicians.

The EMA and ESA then pose that “depictions of violence, unlike obscenity, have played a longstanding and celebrated role in expression properly consumed by minors, from Greek myths to the Bible to Star Wars and Harry Potter,” before claiming that California has not demonstrated that parents have difficulty monitoring the games their kids play, “nor has California shown that videogames are harmful to minors.”

Instead, the social science research California cites has been discredited by every court to have considered it. California’s studies do not show that video games are the cause of any harm or that they are any different from any other media. In the end, California’s arguments merely restate the attacks that have been mounted against every new medium as it has emerged, including the truecrime novel, motion pictures, and the Internet.

The brief further contends that California has failed to “demonstrate the absence of less-restrictive alternatives for achieving its stated goals,” and ignored the industry’s own “successful self-regulatory efforts,” while failing to “consider sponsoring its own educational campaign to reinforce existing voluntary industry efforts.”

The California law is also “unconstitutionally vague,” according to the brief, because some of its terminology has “no clear boundary in the context of a medium that is highly diverse and often fanciful.”

If SCOTUS backs the California law, the brief argues that policing content may prove so difficult, since “it will be impossible for game makers to know which games will trigger the law’s restrictions,” that “the only rational response might well be to stop selling video games to minors altogether.”

Oral arguements for the case take place in the Supreme Court on November 2.

Grab the full PDF here.


Thanks PHX Corp.!

 

Comments

Re: ESA and EMA File SCOTUS Brief

I wish only that the brief had cited research more widely.  They cite Ferguson a lot, but that could make the science battle look like a Ferguson/Anderson battle, when in fact there are many other research reports which find no link between violent games and youth violence.  It would have been better to vary up the citations a bit (citing Dmitri Williams, Cheryl Olson, John Sherry, John Colwell, Wolfgang Bosch and others perhaps).

Aside from that I do think it is very well done.

Re: ESA and EMA File SCOTUS Brief

The supreme court is getting tired of the Violence issue althoughgeter and took this up just to show That states(in addition to feds) cannot Regulate it, period

In addition The Guy that is Defended the videogame law in question has also testifed in favor of anti-pet laws, Heres a link even tough it's dated

http://petdefense.wordpress.com/2010/04/26/violent-video-ca-law-to-supre...

 

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 and EMA File SCOTUS Brief

I sincerely hope you and the linked blogger are right.

So much has been made of the Court's decision to grant a writ here, and it basically comes down to whether you see the glass as half-full or half-empty.

The optimists tend to think that this is an attempt to shut down the wave of cannon-fodder legislation and lawsuits, and I want to believe that this is the case. 

The pessimists tend to think that with such a huge stack of existing case law, the only reason that the Court needs to add their two cents would be if they were going to take the "Citizens United" activist-court approach and strike down all the case law, and I'm all too afraid that this will happen.

Re: ESA and EMA File SCOTUS Brief

Amazing, a SCOTUS amicus that didn't result in a cure for insomnia...

Seriously though, good luck and Godspeed, Counsels...

Re: ESA and EMA File SCOTUS Brief

GP at its best.  Thanks for keeping us informed, guys.

Re: ESA and EMA File SCOTUS Brief

Just finished reading through the whole thing.  Well crafted argument and full of precedent.  I especially like the part where they talk about how crime  novels, movies and comic books have gone through the same thing by quoting their respective arguments in favor of suppression... like for movies...

"[T]he vibrant, vivid, graphic portrayal in a motion picture has an impact that the lecturing voice of a speech, the cold type of the written page, the still picture in a magazine does not. Add to that the setting in which the movie is viewed – the darkened theatre, the relaxed receptive mood, the complete concentration on the presentation, the company of a sizable or even vast audience, all simultaneously silently focusing on the screen. Add also the vast numbers which the motion pictures reach . . . made up of men and women together, of teen age boys and girls together, of adolescent boys and girls together, and of children." - Brief of Appellee at 41, Joseph Burstyn, Inc. v.

Which is pretty much exactly the same as the "it's worse because it's interactive" argument.

Is there a version of the California brief somewhere?

 

 

------- Morality has always been in decline. As you get older, you notice it. When you were younger, you enjoyed it.

Re: ESA and EMA File SCOTUS Brief

i've long been of the belief that 'passive' movies actually are more influential than 'interactive' video games. As i see it, a piece of media's effect on you is likely proportional to how immersed you are in the media... afterall the more immersed you are the more focused you are. When watching movies in a darken theater I can often feel myself get so sucked into the film that i loose focus on everything else to the point that i'm not even thinking about where I am or what i'm doing; the movie is my whole world... Characters in the films may be pure fiction but they can make me cry because of how engrossed i am in the film (why do I treat fictional characters like they are real people? its because for the moment they feel real enough). I never experience that same level of immersion with video games... The interactive nature of the game itself is a constant reminder that I'm still in my room playing a game. I've played my share of games, but the best games never seem to immerse me as much as the best movies can.

I think I recall somekind of BBC study that suggested similiar conclusions

Re: ESA and EMA File SCOTUS Brief

And at the turn of the 20th century, the Sunday comics page was considered more corruptive than the rest of the newspaper because it was in color.

And on the Lord's Day!

Re: ESA and EMA File SCOTUS Brief

13 year old: "Hello do you have Super Mario Galaxy 2"

Clerk: "Do you have ID showing your of adult age to buy this product, or a parental guardian to confirm that you are allowed to play this game?"

13 year old: "What are yout talking about its Mario?"

Clerk: "Sorry kid its the law."

 

That would be scary.

 
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InfophileI know the ZE series was in the red in Japan, but international series boosted it to profitability. That may not mean it's more profitable in the west, but it does mean ZE3 wouldn't exist without the western market.07/04/2015 - 7:54am
Consterwhy aren't "Video game players" an option on the poll? :P07/04/2015 - 5:19am
Andrew EisenThat was quick! Pretty accurate cosplay of the new Ghostbuster uniform and proton pack: https://twitter.com/mirabellemusing/status/61673135125394227207/03/2015 - 6:23pm
Matthew Wilson@mast I dont know, but I do know it got a cult fallowing here.07/03/2015 - 6:22pm
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
 

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