ESA Responds to Schwarzenegger v. EMA California Brief

July 14, 2010 -

While the Entertainment Software Association (ESA) has until September 10 to file its own brief with the U.S. Supreme Court in regards to Schwarzenegger v. EMA, the organization issued a statement in reaction to a brief filed by the state of California on Monday.

Trumpeting the ESA's dominating string of victories in such cases, and perhaps attempting to take some of the wind out of the sails of California State Senator Leland Yee, ESA President and CEO Michael Gallagher stated:

Computer and video games are First Amendment protected speech. There is an unbroken chain of more than a dozen previous court rulings agreeing. Courts across the country recognize that computer and video games, like other protected expression such as movies, books, and music, have an artistic viewpoint, and use sounds and images to create an experience and immerse the player in art. That is why other courts have unanimously affirmed that video games are entitled to the same constitutional protection as movies, music, books, and other forms of art.

California’s law is no different than others before it. It is clearly unconstitutional under First Amendment principles. We look forward to presenting our arguments in the Supreme Court of the United States and vigorously defending the works of our industry’s creators, storytellers and innovators.


Comments

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I hope for this law to fail just to see Mr. Yee and the governator cry like babies.

http://www.magicinkgaming.com/

Re: ESA Responds to Schwarzenegger v. EMA California Brief

How about because it's a bad law?

Seriously, guys, let's be adults here.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

"California’s law is no different than others before it. It is clearly unconstitutional under First Amendment principles."

Forget constitutionality.  Hell, forget the niggling detail that there's no harm to protect children from in the first place.

This law, flat-out, would not work.  It would do nothing to prevent children from playing violent games (even if they did cause harm).  I think that's enough to shoot it down right there.

 

Andrew Eisen

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Hasn't exactly stopped the drinking age or the drug war.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Yes, the CA law certainly isn't alone in that regard.  Plenty laws that any 6-year-old could tell you wouldn't work make it on the books.

 

Andrew Eisen

Re: ESA Responds to Schwarzenegger v. EMA California Brief

It's been my experience that most 6 year olds have a lot more sense than many adults.

===============

Chris Kimberley

===============

Chris Kimberley

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I just realized there has been no mention of the ESRB ratings (a private organization) being given the force of law.  I take it then that the law is looking for alternative methods of determining which games are "offensive"?

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Yeah. The law is not based on the ESRB ratings or anything like that. It is based on a definition of "excessive violence" that is put in place by whom ever is the elected official in the city in which the complaint is raised or the state Attorney General.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I call california's Brief The equiviant of Jack thompson's bizzare Commentary on his Lawsuits

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.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I don't think it's quite on the same level as JT's bizarre rantings.  It's dead wrong, of course, but it's not completely insane.

I think that's the main difference between Thompson and Yee.  Yee's basically a good guy, he's polite and he engages the video game community with respect.  I disagree, fundamentally, with his stance, and I believe, strongly, that he's wasting the time and money of a state that's already in dire financial straits in order to attempt to curtail freedoms guaranteed by the First Amendment.  But at least he's not a raving lunatic.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

I think that Yee is a douche and he just is educated enough to deguise it behind a polite attitude, but when everything this fail (and it will) we will see his real face, not very far of what Jack Thompson was some years ago.

No one can claim that an entire industry and its users are a danger for society and being 100% polite.

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Now see, calling someone childish names because he disagrees with you IS the sort of thing JT's famous for.  This is the exact point I'm making -- we can disagree with people like Yee without stooping to JT's level, and Yee can show the same respect to us.

I don't agree with the guy, I think his position is utterly wrongheaded and misguided, and I think his crusade is a spectacularly bad idea.  But he doesn't go around calling people douches.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Call you names? He threatens to sue every other person.

Re: ESA Responds to Schwarzenegger v. EMA California Brief

Er, you know he's a state senator, not a practicing lawyer, right?

Re: ESA Responds to Schwarzenegger v. EMA California Brief

You mean how he was extremely sure he would come out victorious but all he was doing was taking someone's pencil and going "Haha, now you can't write!!!"

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleeIf publishers didn't play the region lock game then it would not be an issue.Tho I have seen more russian/chec games than asia ones on ebay.If they do not like it then mabye lower thier region prices to make alitte vrs none.09/22/2014 - 9:54am
MaskedPixelantehttp://hexus.net/gaming/news/industry/74981-pc-game-code-stripping-widespread-says-report/ Thievery, or perhaps the very idea of capitalism? You decide!09/22/2014 - 9:47am
MaskedPixelantehttps://www.youtube.com/watch?v=oDPCmmZifE8 John Oliver exposes Miss America.09/22/2014 - 9:00am
james_fudgeI reiterate now - not one email to-date.09/22/2014 - 8:37am
james_fudgeAnd this: https://archive.today/uIjwE09/22/2014 - 8:37am
james_fudgeLet me put this here: https://archive.today/hbtQJ09/22/2014 - 8:35am
InfophileRelevant to this site: http://nielsenhayden.com/makinglight/archives/015984.html#015984 - Apparently allowing comments to be downvoted leads to worse behaviour09/22/2014 - 6:18am
Andrew EisenMP - I love that game but damn my squadmates are bozos.09/21/2014 - 10:05pm
MaskedPixelanteSWAT teams should be banned until they; 1. Learn not to walk into enemy fire, 2. Learn to throw the flashbang INTO the doorway, not the frame and 3. Stop complaining that I'm in their way.09/21/2014 - 9:53pm
Craig R.I'm getting of the opinion that SWAT teams nationwide should be banned. This probably isn't even the most absurd situation in which they've been used.09/21/2014 - 9:26pm
Andrew EisenAnd, predictably, it encouraged more parody accounts, having the exact opposite effect than what was intended.09/21/2014 - 7:07pm
E. Zachary KnightThis is called a police state people. When public officials can send SWAT raids after anyone for any offense, we are no longer free.09/21/2014 - 6:41pm
E. Zachary KnightJudge rules SWAT raid tageting parody Twitter account was justified. http://www.theguardian.com/world/2014/sep/19/illinois-judge-swat-raid-parody-twitter-peoria-mayor09/21/2014 - 6:41pm
MechaTama31quik: But even if it did break, at worst it is only as bad as the powder. Even that is assuming that it is dangerous through skin contact, which is not a given if its delivery vehicle is a syringe.09/21/2014 - 4:30pm
MaskedPixelantehttp://www.forbes.com/sites/insertcoin/2014/09/20/isis-uses-gta-5-in-new-teen-recruitment-video/09/21/2014 - 4:25pm
quiknkoldSyringes can break. And in a transcontinental delivery, the glass could've broken when crushed. I work in a mail center. Shit like this is super serious09/21/2014 - 3:25pm
E. Zachary KnightIt doesn't matter what is inside the needle. As long as it requires him to take the step of purposefully injecting himself, the threat of the substance is as close to zero as you can get.09/21/2014 - 1:27pm
quiknkoldEzach: I'm not talking about the needle. I'm talking about what's inside. Geeze. Depending on what it is, the sender could be guilty of bioterrorism.09/21/2014 - 12:51pm
E. Zachary Knightquiknkold, No. That syringe is not worse than white powder or a bomb. The syringe requires the recipient to actually inject themselves. Not true for other mail threats.09/21/2014 - 12:49pm
Andrew EisenThe closest to a threat I ever received was a handwritten note slipped under my door that read "I KNOW it was you." Still no idea what that was about. I think the author must have got the wrong apartment.09/21/2014 - 12:28pm
 

Be Heard - Contact Your Politician