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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InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
Andrew EisenActually, "things I'd like to see become standard in video games" ain't a bad idea for one of my future YouTube videos.07/03/2015 - 1:05am
Andrew EisenYou know what I'd really like to see become standard? The ability to pause cutscenes. Rewind and skip (with "Are you sure?") would be nice too. Oh, and maybe display the duration of the cutscene when it's paused.07/03/2015 - 1:03am
Mattsworknameonly reason to do region locking now is to be dicks your consumer base. Granted, we see that ALOT these days07/03/2015 - 12:48am
MattsworknameI understand the concerns about the region locking thing, I just thing that if you buy a game legitimately, no matter where it's from or what langauge it's in, you should be allowed to play it. the argument about piracy was proven false years ago, the07/03/2015 - 12:47am
Matthew Wilsonhttp://www.theverge.com/culture/2015/7/2/8888243/reddit-subreddits-private-after-ama-victoria-taylor-fired bad optics by Reddit.07/03/2015 - 12:33am
Goth_SkunkI'm in full agreement on the subtitles issue. I also believe that every game should come with a single-player component, and be playable without an internet connection. Except MMOs.07/02/2015 - 10:51pm
TechnogeekRegion locking bans seem like something that'll be very difficult to pass into law. I'm fully on board with the subtitle requirement, though.07/02/2015 - 10:00pm
MattsworknameFor example, all games with any for form of spoken dialoge should be i subtitled, and region locking in any form should be illegal07/02/2015 - 9:03pm
MattsworknameDoes anyone feel that there should be a set standard for all games in terms of certain basic features. Ie subtitles, region lock, etc07/02/2015 - 9:01pm
MattsworknameSo, now that the Article stuff is over, I want to bring up another subject07/02/2015 - 9:01pm
PHX Corphttps://trustygem.wordpress.com/2015/07/02/windows-10-insider-preview-phase-3/ My Thoughts on Windows 10 Insider Preview07/02/2015 - 6:17pm
Matthew Wilsonhttps://www.youtube.com/watch?t=18&v=CbGmrySQLIg looks like Inafune is giving capcom the middle finger.07/02/2015 - 5:05pm
TechnogeekUnfortunately, the shoutbox moves fast enough that I can't find why I got that impression, so if was indeed erroneous I do apologize.07/02/2015 - 4:34pm
 

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