ESA Chief on SCOTUS Case: Confident, Yet Humble

June 16, 2010 -

Entertainment Software Association (ESA) President Michael Gallagher is “humble” about how trade group might fare in front of the U.S. Supreme Court, as the nation’s highest court prepares to rule on Entertainment Merchants Association (EMA) v. Schwarzenegger, which centers on a California law that attempts to make it illegal to rent or sell violent videogames to underage consumers.

In a pre-E3 briefing recounted by Joystiq, Gallagher said about the case, “We believe we're on the side of right here. We've believed that for 10 years. That hasn't wavered one iota. You go into this preparing to win, but also very prepared to handle the other conclusions as well”

A win would allow the ESA to put legislative issues behind and return its focus to providing incentives for industry members. Gallagher added, “[State government] moves like lightning and moves -- depending on where you are -- in an informed or uninformed manner. If we win, then we feel we'll be done at long last with these content issues.”

Gallagher also worries that a California win in the Supreme Court would open movies, television and books to additional restrictive legislation.


Comments

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

I'm sure they won't even be thinking of the other media that might be censored because of this. Free speech might be pretty much dead for TV, video games, music, books and so on if this passes.

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

There's a way the court could uphold the law but not say that video games aren't protected as free speech. they could just rule that states could decide the issue for themselves (states rights), and figure if the federal government ever tried to regulate games over the whole country that THAT would be unconstitutional. 

That's whats different about this case as compared to, for example, the animal cruelty videos case. the animal cruelty case was a federal law, this is a state law. I think the conservatives on the court really do believe that the first amendment only applies to the federal government but they go along with the current interpretation of the 1st Amend because of precedent. They could at any time though break precedent, or they could use this case as a way to chip away at it/at least not expand it. 

Even though liberals are not as dependable on free speech as they use to be Im pretty confident that they will vote to overturn the law. And Kennedy the swing vote will very likely vote with them. and then there may be a couple conservatives that go along with overturning the law as well. I think Roberts could. So the worst I see at this point is 5 to 4 to overturn the law, and it probably wont be that close. especially because of how it could effect precedent regarding film, television, books, plays, etc...
 

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

In reading the original article, Gallagher honestly seemed more humble than confident.  Then again, that may not be a terrible strategy.  He certainly wouldn't want to start crowing about victory at this point.  Better to remain humble and put tons of efforts into those briefs and arguments!

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

Oh I'm confident SCOTUS will confirm games as free speech, the question is whether the free speech rights of adolescents can be restricted "for their own good" as is already the case with pornography.  In other words this case hinges upon whether the variable obscenity guideline can be extended to violent as well as sexual content (I'm no lawyer, but my understanding is it was intended for sexual content). 

However do keep in mind, extending the variable obscenity guideline to violence opens to door for massive regulation of not only video games but television, movies and books, regulation that could be chilling to all these industies and ultimately have a massive impact on the kinds of media adults are able to choose.

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

I'm hoping games are seen as free speech.

Re: ESA Chief on SCOTUS Case: Confident, Yet Humble

Confidence isn't a bad thing, however, do be prepared for the worst.

 
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MaskedPixelanteI suspect Howard will show up in Guardians of the Galaxy 2 as a bartender on Knowhere or something.11/22/2014 - 9:52am
Michael ChandraWonderkarp, try games where you don't get interactive cutscenes and only the main character really talks to people. Or games with a silent protagonist. I think the Bechdel test is a nice indicator (though flawed) for movies and such, but not games.11/22/2014 - 7:56am
ZippyDSMleeWymorence: HTD was a fun and very messed up film I love it. A new one would be nothing like it sadly.11/22/2014 - 1:57am
Andrew EisenOnly if we lived in a world where a bad movie meant every subsequent attempt would suck. Seriously though, after the last few years, I'll give Marvel the benefit of the doubt that it could make a great Howard the Duck movie.11/22/2014 - 1:29am
Wymorenceisn't that a GOOD thing there isn't a movie after the abomination that was the first?11/22/2014 - 12:27am
Andrew EisenNo movie in sight but Howard the Duck is returning to comics! https://games.yahoo.com/news/howard-duck-series-announced-184400635.html11/21/2014 - 10:48pm
MechaCrashThe point of the Bechdel Test isn't "is this film sexist," it's to illustrate "this is an incredibly low bar and most movies STILL can't pass it."11/21/2014 - 10:11pm
mthielNew report on Adam Lanza http://tinyurl.com/pnj9os611/21/2014 - 8:07pm
Andrew EisenIf you missed the HuffPost segment I guested on, the replay is now embedded in the story.11/21/2014 - 6:05pm
Wonderkarphttps://pbs.twimg.com/media/B2__4yZCcAA9Ytp.jpg these look amazing. Peach is the only one I'm tempted to open cause her packaging is bent. get another nonbent one....man. toycollector me and gamecollector me is fighting11/21/2014 - 5:51pm
WonderkarpJust finalized my Smash Bros free Sound Track Order. Also got 4 amiibos and they look fantastic. I'm afraid to open them. they look spectacular!11/21/2014 - 5:45pm
james_fudgeCan we all agree that Andrew cleans up nicely and can go on any program?11/21/2014 - 5:01pm
Wonderkarpthank you for that line, Andrew. alot of great films fail the bechdel test. Gravity fails it and it has a female lead.11/21/2014 - 4:48pm
Andrew EisenAw, thanks James! Well, now I have to drive back to work!11/21/2014 - 4:45pm
Andrew EisenDidn't have a chance to say this on the HuffPost segment but while the Bechdel test is useful as a broad examination of gender representation in media, it's not at all appropriate as a judgment of quality.11/21/2014 - 4:45pm
james_fudgeAndrew you killed it!11/21/2014 - 4:44pm
WonderkarpMadeline Bergman. second female, they never speak of men, just a computer program. it passes the test11/21/2014 - 4:34pm
E. Zachary KnightDoes Other M have more than one woman in it?11/21/2014 - 4:31pm
Wonderkarpyet Metroid Other M, a game where people cried sexist due to the commanding officers restricting Samus, passes the test....11/21/2014 - 4:21pm
Wonderkarpwait...they are using the bechdel test to determine which games are sexist?.....how does that work with a game like Super Mario Bros when there is no Dialogue? test itself is BS. Alien doesn't pass it11/21/2014 - 4:20pm
 

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