ECA's Amicus Brief Filed

September 18, 2010 -

The Entertainment Consumers Association (ECA), the nonprofit organization which represents gamers in the U.S. and Canada, has filed a 44-page amicus brief in support of the video game industry (and consumers... and sanity) with the U.S. Supreme Court this evening. You can grab the PDF here.

Co-signing onto the ECA brief are such notable organizations as: the Competitive Enterprise Institute, Consumer Action, Consumer Federation of America, Public Knowledge and Students for Free Culture.

While there is a lot to sift through in this massive document, the most interesting point made on behalf of consumers is the following (taken from the arguments section):

"Video game consumers have First Amendment rights that must be protected from the state’s interference. The First Amendment protects a person’s right to choose what information or entertainment he or she wishes to receive, just as it protects a speaker’s or author’s right to speak or publish what he or she wishes to say. Stanley v. Georgia, 394 U.S. 557, 564 (1969). Without this corollary right, the marketplace of ideas would not work, as speakers and publishers would not have audiences with whom to transact."

Oral arguments for Schwarzenegger v. Entertainment Merchants Association are scheduled for November 2.

(I would like to personally thank every gamer that took the time to sign the ECA's petition. If the Supreme Court rules in favor of the game industry, it will be due in no small part to all of you.)

 

Disclosure: GamePolitics is a publication of the ECA.

Posted in

Comments

Re: ECA's Amicus Brief Filed

Does anyone know a final count on how many signed the petition?

Re: ECA's Amicus Brief Filed

As far as I know, the only thing the ECA has said in that regard is "tens of thousands."

 

Andrew Eisen

Re: ECA's Amicus Brief Filed

I don't think it matters much whether tens of thousands or tens of millions. The Court is unlikely to ascribe any weight at all to a list of petition signatures no matter the number. It's not a court of public opinion. It's a court of law to which its members -- thankfully -- aren't elected by popular vote. They're appointed for lifetime tenure. One of the intents of lifetime tenure -- at least in theory -- is to allow the Court to rise above the political fray and render decisions regardless of how popular or unpopular those decisions may be. Indeed, many of the Court's more profound decisions have been made in the face of overwhelming public opposition to those decisions (see, e.g., Brown v. Board of Education).    

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
MaskedPixelantehttp://www.destructoid.com/dark-souls-ii-scholar-of-the-first-sin-upgrade-and-pricing-systems-detailed-289743.phtml Dark Souls 2 pricing revealed, is only mildly confusing.03/30/2015 - 6:02pm
MaskedPixelantehttps://twitter.com/yugiohtas/status/582642955489431552 Roger Slifer sent to the graveyard.03/30/2015 - 3:49pm
james_fudgeEZK: it sounds like a carry-over bug from Demon's Souls.03/30/2015 - 1:29pm
Andrew EisenJust watched a clip of one of his correspondent appearances on The Daily Show. Seems like he'll be a good fit.03/30/2015 - 1:26pm
MaskedPixelantehttp://www.nytimes.com/2015/03/31/arts/television/trevor-noah-to-succeed-jon-stewart-on-the-daily-show.html The Daily Show with Trevor Noah.03/30/2015 - 1:17pm
E. Zachary KnightApparently there is an item duping glitch in Bloodborne. I loved those glitches in old Final Fantasy games. They were great. Nothing like infinite Excaliburs for Ninja's to throw.03/30/2015 - 12:58pm
Papa Midnightis no market for these games. There will be no intreospection whatsoever. It's either that or they blame piracy.03/30/2015 - 11:35am
Papa MidnightI'd like to take this time to reiterate the utter mess of a PC port that is Dead or Alive 5, which is missing significant amounts of features on PC in comparison to it's console counter-part. When sales go poorly, I'm certain the excuse will be that PC03/30/2015 - 11:34am
E. Zachary KnightSleep and sanity? No need for that here. Check out our experience at Super! BitCon as we made a game while visitors got to play games. Game Jamming During A Game Convention: A Convention Jam Tale. http://tinyurl.com/ogx46t703/30/2015 - 10:43am
ZippyDSMleePlank? PPLLAAANNKKK!!!!! :P03/30/2015 - 10:05am
MaskedPixelantehttps://www.youtube.com/watch?v=kXYXuXX48m8 Take the "no-prank pledge" today.03/30/2015 - 9:11am
ZippyDSMleecrap around. It’s quite annoying but kinda fun like galaxy...even if has the power ups I hate the planets... oh and here comes a C&D in 3...2.....03/29/2015 - 11:45pm
ZippyDSMleeI was never that much of a fan they messed up the power ups, the level design was good enough for the time but ...meh.. Playing through sunshine again since I am no longer a south paw the controls are still stupid there's little to no options to change cr03/29/2015 - 11:45pm
Cheater87http://www.independent.co.uk/news/uk/home-news/parents-could-be-reported-to-police-if-children-play-violent-video-games-like-call-of-duty-and-grand-theft-auto-10141697.html03/29/2015 - 11:45pm
ZippyDSMleehttp://www.afterdawn.com/news/article.cfm/2015/03/29/click-here-to-play-super-mario-64-in-hd03/29/2015 - 11:45pm
ZippyDSMleeMedia mafia wants you to sleep wif the fishes!03/29/2015 - 11:44pm
MechaCrashThe MPAA and RIAA are a pack of extortionists and thugs, and they both need to be destroyed.03/29/2015 - 10:19pm
ZippyDSMleehttps://torrentfreak.com/mpaa-wanted-less-fair-use-in-copyright-curriculum-150329/03/29/2015 - 10:17pm
PHX CorpI have to say somthing about an injustice in the Xbox video Store, the first 6 Star Wars films are not available in either SD or HD03/29/2015 - 6:17pm
mthielThis reminds me of schools a few years ago who forbade their students from having MySpace accounts. I don't mean blocking MySpace from the school, I mean banning the kids from having accounts)03/29/2015 - 5:12pm
 

Be Heard - Contact Your Politician