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.

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Chris Kimberley

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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!!!"

 
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MechaCrashHey Neo, that bit with "he instigated it"? That is called victim blaming. Stop it.10/25/2014 - 11:05pm
KronoAnd a rebuttal to that article: https://medium.com/@cainejw/an-actual-statistical-analysis-of-gamergate-dfd809858f6810/25/2014 - 9:42pm
Technogeekhttp://www.newsweek.com/gamergate-about-media-ethics-or-harassing-women-harassment-data-show-27973610/25/2014 - 8:54pm
TechnogeekAnd speaking of harassment and Gamergate, Newsweek had a social media analytics company analyze the hashtag in the interest of finding out what the movement was really about. The results should surprise absolutely nobody at this point.10/25/2014 - 8:54pm
Neo_DrKefkaI was called a traitor for speaking out on harassment and I was put on a list for people on twitter to mass report me. Only GamerGate site that has come out of this that has been reputable would be TechRaptor. 2/210/25/2014 - 7:09pm
Neo_DrKefka@Neeneko The reason why I ended my support of #GamerGate was the fact KingofPol (The guy who was sent the knife) ended up saying crap about those with autism. At this point I confronted the community and some big wig writers on the #GamerGate side. 1/210/25/2014 - 7:08pm
NeenekoIt would also mean they have to confront that the sites already mostly cater to them and wiping that small percentage of otherness just does not justify new sites.10/25/2014 - 6:55pm
Neeneko@ quiknkold - problem is it has never been about freedom, it is about dominance, ownership, and priviliage. women and minorities should be the ones leaving and creating their own spaces, not them!10/25/2014 - 6:54pm
Neo_DrKefka@Mecha I hear you about KingofPol this is a guy who is using GamerGate to boost his career. Most of his streams are crap about him talking about him being drunk. What happened to him was wrong but it doesn't change the fact he has instigated much of this10/25/2014 - 5:40pm
Craig R.And I'll be perfectly happy in never seeing the phrase 'false flag' ever again, as it is one of the worst notions to ever come out of the camp of the tinfoil brigade that is already completely overused.10/25/2014 - 3:50pm
Craig R.Gone for a week and come back to find GG didn't go away at all. Dammit.10/25/2014 - 3:48pm
Matthew Wilsonif they were serious, they would go to youtube. most youtube game reviewers tend to revew games as product, and tend leave social issues out of it.10/25/2014 - 1:42pm
quiknkoldif the gamergaters were serious, they'd realize that Kotaku and Polygon arent the only games in town, and that with the freedom of the internet, they could create their own websites and achieve the goals they are trying to achieve without arguement.10/25/2014 - 1:35pm
james_fudgehe should have called the police.10/25/2014 - 1:20pm
TechnogeekAt least my statement still holds if it does turn out to be a false flag.10/25/2014 - 1:03pm
NeenekoThough I admit, since doxxing and false flag where heavily used tactics of the GG supporters, while they are not historical tactics used by detractors, I am skeptical how much it is really 'both sides' doing it in any real volume.10/25/2014 - 1:01pm
NeenekoOne thing that makes all of this messy is 'false flag' is a serious concern here. It does not help that the original GG instigators were also known for doing elaborate false flags to discredit feminism themselves.10/25/2014 - 12:59pm
MechaCrashThe guy who got the knife is the one who advocated doxxing, by the way, and was getting court documents about Zoe Quinn so he could publicly post them. It doesn't make what happened to him right, but he deserves no sympathy.10/25/2014 - 12:42pm
TechnogeekNo, that's a pretty shitty thing to do and I fully support the responsible parties getting a visit from the relevant legal authorities.10/25/2014 - 12:17pm
Neo_DrKefkaSomeone anyone tell me how two wrongs somehow make a right? This is becoming exhausting and both sides are out of there minds!10/25/2014 - 11:40am
 

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