Update: id Software has filed an amicus brief (PDF) and the Salt Lake Tribune reports that Utah Attorney General Mark Shurtleff has joined nine other states that are asking the Supreme Court to strike down the California law. Thanks to all our Shoutbox users (PHX Corp, BearDogg-X, etc.,) for their help today.
Original story: Those supporting the state of California’s attempt to legislate the sale of violent video games to minors got an early start and submitted their amicus briefs on July 19th. Perhaps a bit disconcerting for gamers, those briefs sat unopposed for nearly two months.
But hey, better late than never as today the video game industry saw a flurry of support from all over the country as various people and organizations rushed to meet today’s submission deadline. We’re still waiting for the ECA’s long expected amicus brief but in the meantime, let’s tally up the scores and see which side can brag the most support.
In the red corner, showing their support for the state of California (boo!) are a respectable four briefs from 16 different people and organizations:
-California State Senator Leland Yee, Ph.D, The California Chapter of the American Academy of Pediatrics, and the California Psychological Association (PDF)
-Common Sense Media (PDF)
-Eagle Forum (PDF)
-Attorneys general of Louisiana, Connecticut, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Mississippi, Texas And Virginia PDF)
And in the blue corner, showing their support for the video game industry (yay!) are 11 briefs representing a whopping 50 different people and organizations:
-Motion Picture Association of America, Independent Film and Television Alliance, Lucasfilm, National Association of Theatre Owners, Directors Guild of America, Producers Guild of America, Screen Actors Guild, Writers Guild of America West, and American Federation of Television and Radio Artists. (PDF)
-Comic Book Legal Defense Fund (PDF)
-Media Coalition members American Booksellers Foundation For Free Expression, Association Of American Publishers, Freedom To Read Foundation, National Association Of Recording Merchandisers, Recording Industry Association Of America. Joined by Amusement & Music Operators Association, Association Of National Advertisers, Pen Center USA, And The Recording Academy (PDF)
-International Game Developers Association and Academy of Interactive Arts and Sciences (PDF)
-The American Civil Liberties Union, The National Coalition Against Censorship, and The National Youth Rights Association (PDF)
-Progress & Freedom Foundation and The Electronic Frontier Foundation (PDF)
-Cato Institute (PDF)
-Computer & Communications Industry Association, Consumer Electronics Association, Information Technology Industry Council, Techamerica, Center For Democracy & Technology, and The Digital Liberty Project Of Americans For Tax Reform (PDF)
-The Reporters Committee for Freedom of the Press, The American Society of News Editors, the First Amendment Project, The National Press Photographers Association, The Radio Television Digital News Association, The Society of Professional Journalists, and Student Press Law Center (PDF)
-First Amendment Scholars - Professors David Cole, Kenneth L. Karst, David G. Post, Martin H. Redish, William W. Van Alstyne, Jonathan D. Varat and Adam Winkler. (PDF)
-Marion B. Brechner First Amendment Project and Pennsylvania Center For the First Amendment (PDF)
Of course, as impressive as this support is, it all comes down to what the Supreme Court thinks. Oral arguments will be heard Nov. 2nd. Stay tuned...
Much thanks to Media Coalition for all the PDFs.
[GamePolitics is a publication of the ECA.]
-Reporting from San Diego, GamePolitics Special Correspondent Andrew Eisen
Comments
Re: Game Industry Briefs Offer Three Times More Support - ...
They can say the chilling cause affect. Where stores stop selling the games because of the government rating and developrs have to censor their games to get them on shelves.
Re: Game Industry Briefs Offer Three Times More Support - ...
But if you think about it, this issue really isn't up for a vote, so the amount of support is a moot point. What matters is the points they make and if they are valid, or at least seem valid.
I haven't read the briefs, and let's face it, I probably won't. If it was fun to read legal briefs, then lawyers wouldn't be paid so much. But from what other people are saying, the laws support focuses on "parents want it", "it's common sense", and "think of the children." However, it isn't the courts job to allow or disallow based on what people want. I'd figure that the anti-law group is focusing on "1st amendment" and "no law means no law."
I really think that this should be a slam dunk for the anti-law group. The long and short of it is that it's against the Constitution. The law group is pretty much saying "but we really want this law." The objection was "You can't cause it's unconstitutional." They haven't come up with a reason yet that would make it constitutional. Unless someone really drops the ball, it should be an easy A.
Re: Game Industry Briefs Offer Three Times More Support - ...
Actually, the brief from the games industry was very interesting reading - skipping past the legal pages, there's a well argued position that every new medium (from comics to music to movies) has faced clampdowns from moral panicking paranoid authorities. Look it up on GP, I recommend it.
Re: Game Industry Briefs Offer Three Times More Support
Just looking at the weight carried by the (authors?) of the breifs... Looks like things are stacked heavly in the Game Industry's favor. I don't know why but I am really glad to see the MPAA getting behind this. Maybe they fear that if the California law is upheld they may see themselves in the hot seat soon after.
Re: Game Industry Briefs Offer Three Times More Support
Witty headline, Mr. Eisen.
Re: Game Industry Briefs Offer Three Times More Support
How much longer Until the ECA files it's brief(Just asking, k)
Besides We may win this because of the precendent here in the Circuit court and the arguments for our side(including Amcius briefs such as MPAA , Media Collition)
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.