Video Game Industry Reacts to California Supreme Court Appeal

May 20, 2009 -

As GamePolitics has reported, California is appealing the constitutionality of its 2005 video game law to the U.S. Supreme Court. Reaction by the video game industry has been both swift and blunt.

Entertainment Software Association CEO Michael Gallagher issued a statement criticizing California's decision to petition the Supreme Court:

California’s citizens should see this for what it is—a complete waste of the state’s time and resources. California is facing a $21 billion budget shortfall coupled with high
unemployment and home foreclosure rates. Rather than focus on these very real problems, Governor Schwarzenegger has recklessly decided to pursue wasteful, misguided and pointless litigation.  

We are confident that this appeal will meet the same fate as the State’s previous failed efforts to regulate what courts around the country have uniformly held to be expression that is fully protected by the First Amendment. California’s taxpayers would be better served by empowering parents and supporting the ESRB rating system.

Meanwhile, Sean Bersell (left), VP of Public Affairs for the Entertainment Merchants Association, forwarded a statement to GP:

It boggles the mind that, on a day when the state of California finds itself in the worst fiscal crisis it has ever faced and is considering massive layoffs of teachers and cuts to public services, the state would choose to waste tens of thousands of dollars on pursuing this frivolous appeal.

This law was found by two lower courts, relying on long-established legal precedents, to be unconstitutional as an infringement of the First Amendment. There have been eight similar laws enacted around the nation this decade and every single one has been found unconstitutional on similar grounds. There is no reason to expect a different outcome in the Supreme Court.

So far, this case has cost the state of California approximately $400,000 just in legal fees and court costs that it has had to pay the plaintiffs. This doesn’t even include the state’s legal fees and costs. And if this appeal is unsuccessful, as it will be in all likelihood, the state will owe the plaintiffs even more in legal fees and court costs.

The taxpayers of California should demand that their elected officials stop wasting precious tax dollars on this quixotic quest.

Both the ESA and the EMA (under its former name VSDA) are parties in the California case. The EMA maintains a web page listing background on VSDA v. Schwarzenegger.

Comments

Pawnshops New England

Hi,

   The editorial was pulled off the Web site a little before noon on Wednesday — with an editor’s note claiming it was a “draft” and was mistakenly posted online. (More on that later). But I grabbed the original editorial before it was pulled, and it warrants examination.

Pawnshops New England

Re: Video Game Industry Reacts to California Supreme Court ...

I think Schwarzenegger has really messed up with the state of California. I think he needs my cooking games so as to renew his zest for good things in life.

Re: Video Game Industry Reacts to California Supreme Court ...

Don't you guys see, this isn't a waste of money at all! This action is keeping a dozen or so lawyers, legal clerks and support personnel employed for another month. They are doing this to help the economy!</sarcasm> 

Re: Video Game Industry Reacts to California Supreme Court ...

oh good grief... do they only have 13-22 year olds posting here? As far as the cynical gripe about "think of the children"... it's obvious that as far as the prior posters go, either they NEVER "think of the children", or they're basically children themselves. I'm GLAD that the state of california is pursuing this. I wont bother detailing why, since 1. my rational arguments will be immediately flooded by children whining about "free speech" 2. it should be obvious to any rational ADULT, why this is a good thing.

Re: Video Game Industry Reacts to California Supreme Court ...

1. my rational arguments will be immediately flooded by children whining about "free speech"

2. it should be obvious to any rational ADULT, why this is a good thing.

-------------------------------------------

1: And would your "rational" arguments consist of throwing baseless insults and wild assumptions, while simultaneously putting forward no "real" argument? That's all you've done so far.

2: I suppose the courts are just a mix up of children then? After all, they're the ones who declared it unconstitutional.

Face it, you've made no argument because you HAVE no argument and you're frightened by the idea that you won't be able to defend your views.

Re: Video Game Industry Reacts to California Supreme Court ...

 Obvious troll is obvious. Also, waste of taxpayer money.

Re: Video Game Industry Reacts to California Supreme Court ...

"My poker hand beats your poker hand but I'm not gonna show you my poker hand because . . . well, for no good reason, but I'm still not gonna show you my poker hand. So there!!"

Wow. If that's what being an "ADULT" causes you to do, I'll happily keep my Peter Pan-ass just the way it is, thank you very much.

Re: Video Game Industry Reacts to California Supreme Court ...

Look on the bright side, if that's the grand total of the mentality of those who support the bill, it's already as good as sunk.

If he was more prolific, I'd agree that it's probably yet another Thompson 'anonymous coward' posting, but I'm more inclined to think 'self-opined idiot who doesn't actually have a point'.

 

Can you imagine it?

'So, would the state of California like to state it's case?'

'Shouldn't have to, it's obvious, if you don't know why we are right, you're too stupid! Just like the other two judges, stupid I tell you! Naaa Naaa!'

Re: Video Game Industry Reacts to California Supreme Court ...

Jack, is that you?

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

Re: Video Game Industry Reacts to California Supreme Court ...

Because clearly everyone disliking these laws, including Dennis, EZK, AE and others, are children, and if you don't see the point in these laws, then you're clearly either a kid or not an adult, and not simply someone who has a different political or personal opinion about these matters.

What's that you say? You actually do have a proper point, rather than just insults and JT-like claims? Go ahead and make it then. Prove you're a real adult by standing up for yourself and fighting for what you believe in fair and square.

Re: Video Game Industry Reacts to California Supreme Court ...

Yee's law proposes an ineffectual solution to a nonexistent problem.

Forget constitutional issues.  Forget the niggling little detail that video games don't harm children.  This law would do absolutely nothing to prevent children from playing these "harmful" games.

So why are you glad CA is pursuing this?  How on Earth could this law in any way be beneficial?

 

Andrew Eisen

Re: Video Game Industry Reacts to California Supreme Court ...

In other words, 'I'm right and you're all wrong, so there!'

Yep, I can see how mature you are compared to everyone else...

 

If you have a case to make, then make it, but don't simply run in here, stick your tongue out at everyone and run off, that's the act of an immature person, not someone who is in their 30's, and that's from someone who's pushing 40.

Re: Video Game Industry Reacts to California Supreme Court ...

Actually Gamer, I would like to hear why you think this is a good thing and why you think the lower court desions are wrong and why the free speech laws don't apply to this?

Re: Video Game Industry Reacts to California Supreme Court

Better idea, if a law is obviously unconstitutional to where even these people should see it, the money to defend it is to be out of their own pockets.

Re: Video Game Industry Reacts to California Supreme Court ...

 What are the bets that Yee will respond with yet another impassioned plea to "think of the children" and that "this is the most pressing problem the state of California faces!"?

I mean hey, the children in the state don't need schools or health care facilities right?

Re: Video Game Industry Reacts to California Supreme Court ...

Other people's money is no object when you have the possibility of adding a talking point to your re-election campaign.

Re: Video Game Industry Reacts to California Supreme Court ...

Meanwhile, over at the law firm which represents the ECA and EMA, the lead partners on the case are gleefully jumping up and down and giving each other high-fives. When their exuberance wears off a bit and they've managed to compose themselves, they'll be headed over to the local Porsche dealership to place their orders.   

Re: Video Game Industry Reacts to California Supreme Court

Exactly. They should be considering ways to increase their budget, not hamper it. 

Re: Video Game Industry Reacts to California Supreme Court ...

"The taxpayers of California should demand that their elected officials stop wasting precious tax dollars on this quixotic quest."

I have.  Multiple times.  They don't seem to be listening.

 

Andrew Eisen

 
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MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
Andrew EisenAmusingly, these videos aren't saying you can't/shouldn't use tropes or that sexual representations are inherently problematic so those are very silly things to have a problem with and indicate a fundamental misunderstanding of the series.08/29/2014 - 12:29pm
SleakerDo you think the female community would get extremely angry over a male doing a case study on the negative impact of sex-novels and their unrealistic depiction of males and how widespread they are in american culture?08/29/2014 - 12:25pm
SleakerThe other thing that people might find problematic is that they see no problem with sexual representations of females (or males) in games. And realistically, why is there anything wrong with sexual representations in fiction?08/29/2014 - 12:24pm
SleakerTo even discuss or bring up these issues at a cultural level to begin with. Going straight for games to many probably feels like a huge overstepping given that it's interactive story in many cases, and when you're telling a story why can't you use tropes.08/29/2014 - 12:21pm
 

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