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.
PHX Corphttp://www.thejimquisition.com/2015/04/assassins-creed-chronicles-china-review/ anyone seen this04/26/2015 - 4:19pm
Matthew Wilsonhttp://www.destructoid.com/director-del-toro-says-silent-hi… Can not say I am surprised sadly. I feel bad for del Toro because every time he tries to do a video game project it falls apart.04/26/2015 - 1:42pm
InfophileAnyone play any of the following games: War Thunder, Infinite Crisis, or Strife? Got a card for a big chunk of money in them with my new computer which I won't need and looking to give it away if anyone wants it.04/26/2015 - 9:02am
Mattsworknamei I hope there is, I love that series.04/25/2015 - 5:59pm
Matthew Wilson@matt I am sure there will never be a armored core game04/25/2015 - 5:24pm
Mattsworknameof From softwares recent games, bloodborne is the best work they have done yet, though they really need to get to work on armored core 604/25/2015 - 5:10pm
Matthew WilsonLost Kingdoms came out in 2002 this day. I played that game. I did not relize it was made by From Software. Lost Kingdoms was a good unique hard game.04/25/2015 - 4:56pm
MattsworknameOff topic, but, who heres playing Bloodborne, and if so, is it mercillesly murdering you every chance it gets?04/25/2015 - 7:35am
Matthew WilsonI think its a good article, and devs can take some lessons from life is strange.04/24/2015 - 10:24pm
Andrew EisenI tinyURL'd it. The world is safe!04/24/2015 - 10:23pm
Matthew Wilson@AE my bad there is nothing I can do about that.04/24/2015 - 10:21pm
Andrew EisenLooks like the spoiler is right there in the URL.04/24/2015 - 10:20pm
Matthew Wilsonhttp://tinyurl.com/ok9pf6b a interesting opinion piece on the life is strange episode 2, and a dark event that happens in it. full warning major spoilers.04/24/2015 - 10:11pm
Matthew Wilson@mech no just she, nor her co workers have not. she never said it is not real.04/24/2015 - 8:58pm
MechaCrashWas she saying "I haven't experienced it," or "I haven't experienced it therefore it does not exist"?04/24/2015 - 8:31pm
ZippyDSMleeoy the skyrim paid mod thing is going over well. My 2 lints, I would not mind if Skyrim had a full SDK and not a crappy lil editor....04/24/2015 - 6:46pm
Andrew EisenWell, that is indeed crappy and nonsensical.04/24/2015 - 3:45pm
Matthew Wilsonshe got attacked for saying that she personaly has not experienced the harassment some other female devs have, and she got acused of defending GG and ignoring harassment. she ended up getting dog piled because of it.04/24/2015 - 3:43pm
Andrew EisenFine but do you recall ANY details at all?04/24/2015 - 3:38pm
Matthew Wilsonit was several weeks ago now, and I will admit to not saving it.04/24/2015 - 3:36pm
 

Be Heard - Contact Your Politician