ESA Reaction Statement to Brown v. EMA Ruling

June 27, 2011 -

The Entertainment Software Association (ESA) issued a statement welcoming the U.S. Supreme Court's ruling in Brown v. EMA this morning, calling it a "landmark ruling" that protects retailers, videogame developers, and publishers.

"This is a historic and complete win for the First Amendment and the creative freedom of artists and storytellers everywhere. Today, the Supreme Court affirmed what we have always known – that free speech protections apply every bit as much to video games as they do to other forms of creative expression like books, movies and music," said Michael D. Gallagher, president and CEO of the ESA. "The Court declared forcefully that content-based restrictions on games are unconstitutional; and that parents, not government bureaucrats, have the right to decide what is appropriate for their children."

"We are very gratified that our arguments – and those of over 180 other groups and individuals from across the ideological spectrum – were heard in this case," Gallagher continued. "The Court has now definitively held that legislative attempts to restrict video game content will be struck down. It is time for elected officials to stop wasting time and public funds seeking unconstitutional restrictions on video games. Instead, we invite them to join with us to raise awareness and use of the highly effective tools that already exist to help that parents choose games suitable for their children."

In closing the trade group congratulated its legal team, including Paul Smith of Jenner & Block for their oral arguments before the Court. They also praised Ken Doroshow, the ESA’s former general counsel for "spearheading our winning approach."

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Comments

Re: ESA Reaction Statement to Brown v. EMA Ruling

This is the best news I have heard all day. Thank goodness cooler heads prevailed and the First Amendment was upheld.

Re: ESA Reaction Statement to Brown v. EMA Ruling

To the ESA and Paul Smith, I salute you! We couldn't have done it without you!

Re: ESA Reaction Statement to Brown v. EMA Ruling

So...Does this mean all future anti game bills are DOA?

Re: ESA Reaction Statement to Brown v. EMA Ruling

Yes and no.

They'll still try, and they'll be in effect until challenged.

 

Re: ESA Reaction Statement to Brown v. EMA Ruling

Oh, they'll most certainly continue to try.

To use the most obvious example: Roe v. Wade. Decades on, and states are still passing law after law, even if some of them are declared unconstitutional, in the hopes that some of them stick.

Re: ESA Reaction Statement to Brown v. EMA Ruling

Chucking a cinderblock at sheet metal at this point.

Re: ESA Reaction Statement to Brown v. EMA Ruling

That's exactly the example I was thinking of as I penned my response. 

 
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Mattsworknameimproperly. Neither is good, but one is on the edge of censorship to me, while the other is demanding some level of accountability from public media provider. but thats just my view point07/28/2015 - 8:36pm
MattsworknameEZK: You can treat it as bullying or what not, As I've pointed out, I didn't like either practice, I made that clear. But I do hold some different between trying to pull a product from the shelves, and calling out a media outlet that you feel has acted07/28/2015 - 8:35pm
E. Zachary KnightMatt, So you feel confident enough to make the call that petitioning target to remove GTAV is "bullying and threatening" but not confident enough to make the call on Intel/Gamasutra. Finding it hard to take your gripes seriously.07/28/2015 - 8:27pm
Andrew EisenAs for gamers holding media sites accountable? If you mean, how to respond to opinion pieces you disagree with, yes, there are tons of more appropriate means.07/28/2015 - 8:27pm
Andrew EisenAgain, no one likes being lumped in with the bad apples. Gamers or feminists so lets all strive not to do that, yes? Could the petitioners gone about it a better way? Yes, it could have been more factual in its petition, for starters.07/28/2015 - 8:25pm
Mattsworknamefor gamers to hold the media sites they had issues with accountable? If we look at those questions, I think we find the answer to the first one07/28/2015 - 8:20pm
MattsworknameEZK: I can't answer that, Im split on it cause I feel both are wrong ,but at the same time, I don't know if theres other ways to go about those seperate con.cerns. Was there a better way for feminists to make there point about GTA? was there a better way07/28/2015 - 8:20pm
MechaTama31Ok, a very different topic.07/28/2015 - 8:13pm
MechaTama31On a slightly different topic, in about a month my fiance will be a Mrs., but I'll still be a Mr., as I've always been. Hardly seems fair. I want a nifty new title!07/28/2015 - 8:13pm
E. Zachary KnightMatt, So, what is it? Is petitioning Intel to pull ads from Gamasutra "bullying and threatening" or is it justified? You can't have it both ways, especially if petition Target is "bullying and threatening".07/28/2015 - 8:10pm
Andrew EisenWhat this comes across as is "we need to find a way to silence anyone who says something we don't like."07/28/2015 - 8:08pm
Andrew EisenAnd how was Gamasutra not accountable for the opinion piece it published and refused to pull or edit even after advertising had been pulled?07/28/2015 - 8:08pm
Andrew EisenThere are tons of options when it comes to an opinion piece you don't agree with. Stating otherwise is dishonest or shows an extraordinary lack of imagination.07/28/2015 - 8:07pm
Mattsworknamethem acounatble. We just didn't have many opttions at the time07/28/2015 - 8:05pm
MattsworknameEZK:I never said it was justified, I just said that some people felt they didn't have any other means to hold them accountable. Weather it's justifited or not is somethign to debate, but I was never a big fan of it cause I wanted some other way to hold07/28/2015 - 8:04pm
Mattsworknameprice07/28/2015 - 8:03pm
MattsworknameAndrew: Your not wrong andrew, but gamasutra , and others like it , were called to task by the audiance that felt they had turned there backs on them. True or not, in media, you have to know how to reach an audiance, and chosing not to, well, you pay a07/28/2015 - 8:03pm
Andrew EisenAt the end of the day, even when Intel pulled its advertising (albeit, temporarily), Gamasutra showed its journalistic integrity by not removing or editing the opinion piece.07/28/2015 - 8:00pm
Andrew EisenNot liking Gamasutra is fine. The audience is primarily industry folk and it's not a game-focused site so it's probably not targeting you anyway.07/28/2015 - 7:57pm
E. Zachary KnightMAtt, So, an online petition asking Target to stop selling GTAV is "bullying and threatening" but a petition and boycott of Intel to force them to stop advertising on Gamasutra is justified?07/28/2015 - 7:56pm
 

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