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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E. Zachary KnightI don't see why it would be that difficult to maintain one. Especially for a news outlet with multiple people on the payroll.09/23/2014 - 9:37am
Matthew Wilsonthey can, but will they? more inportantly will the traditional sites be willing to do the extra work to maintain the list?09/23/2014 - 9:02am
E. Zachary KnightSo how will it reduce the power of the traditional games press? They can create curated stores too.09/23/2014 - 8:39am
Matthew WilsonI think its a good thing, but it does mean traditional games press will have less power than ever before. To be fair most of the gaming press were never big on pc gaming anyways.09/23/2014 - 8:33am
E. Zachary KnightMatthew, is that a bad or good thing?09/23/2014 - 7:43am
MechaTama31When you say "youtuber", I picture some sort of customizable potato...09/22/2014 - 10:48pm
Matthew Wilsonthis change will only give youtubers more power.09/22/2014 - 9:54pm
prh99Steam has added a curator system. You can follow your favorites and see their recommendations http://store.steampowered.com/curators/09/22/2014 - 9:07pm
MaskedPixelantePlus there's the whole "we don't use accounts" thing that means if you lose your 3DS and have to get a new one, you have to deal with Nintendo customer service to get your downloads back instead of, you know, logging in and downloading them.09/22/2014 - 8:39pm
MonteIndeed. Their wallet system, the lack of sales, applying tax, the lack of price cuts, the eshop is pretty terrible. Only use it for indie games.09/22/2014 - 8:29pm
Andrew EisenThat's the one I'm eyeballing. Really dug the demo. Didn't care as much for EOIV though.09/22/2014 - 8:19pm
MaskedPixelanteOoh, an Atlus sale, it must be a day that ends in "y". I'd much rather get physical 3DS games because of Nintendo's outdated digital distribution policies, but EOU is near impossible to find anywhere nowadays... conflicted.09/22/2014 - 7:48pm
Andrew EisenOooh, Atlus sale in the 3DS eShop. I might have to bust open my piggy bank. http://www.siliconera.com/2014/09/22/shin-megami-tensei-iv-atlus-games-sale/09/22/2014 - 7:21pm
Matthew Wilsonhttp://www.pcgamer.com/2014/09/23/steam-update/ steam finally adds content Curation. I like that the user can pick which peoples recommendations they want to see.09/22/2014 - 7:16pm
MaskedPixelanteNintendo put three dual-gendered characters in Smash Bros 4.09/22/2014 - 7:13pm
Andrew EisenWhat did Nintendo do thrice in one game?09/22/2014 - 6:48pm
MaskedPixelanteYou know it's a bogus defense when Nintendo of all companies does it THREE TIMES in one game.09/22/2014 - 6:29pm
E. Zachary KnightIt is stupid that they went with the "It would be too much work to add a woman assassin" defense rather than just being honest and admiting they didn't think about it until it was brought up.09/22/2014 - 6:06pm
E. Zachary KnightYeah, this is a different game and it is not out of the ordinary for them. THey did the same for the pirate one.09/22/2014 - 6:05pm
MaskedPixelanteTurns out it's less "impossible", more "part of the season pass, but only in an exclusive game that's separate from ACU proper".09/22/2014 - 6:01pm
 

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