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 :

Poll

How do you feel about microtransactions in $60 video games?:

Shout box

You're not permitted to post shouts.
Andrew EisenNope.08/27/2015 - 4:17pm
ZippyDSMleeDid you guys cover Fatal Frame 5 being nintendo Eshop only?08/27/2015 - 3:55pm
Big Perm120 bucks for a tetanus shot. Thanks Obama08/27/2015 - 3:01pm
Andrew EisenMatthew - Of course they do. I wasn't suggesting otherwise. Hell, Quiet's already been cosplayed quite a bit.08/27/2015 - 1:25pm
Big PermThere's been some pretty good Kill La Kill cosplay08/27/2015 - 12:56pm
Matthew WilsonI saw someone cosplay as the main charector from kill la kill last year at pax, so people do it.....08/27/2015 - 12:55pm
Andrew EisenPerm - Well yeah, Kojima himself said something along the lines of "Cosplay this, I dare you! No, seriously. Please cosplay this!" I was just wondering if there was an in-universe explanation.08/27/2015 - 12:45pm
Andrew EisenCheck out last week's story on The State of Play book for an updated cover and a list of all the authors and their essay titles! http://gamepolitics.com/2015/08/21/state-play-looks-current-state-video-games08/27/2015 - 12:44pm
Big PermI figured it was because titties are awesome08/27/2015 - 12:37pm
Andrew EisenI'm still waiting to see if any reviews spill the beans on the story reasons behind Quiet's goofy getup in Metal Gear Solid 508/27/2015 - 12:33pm
ZippyDSMleeHave you seen what the Deva wrestlers wear? Now lets get all that Japan only DLC for DOA over here, and DOA Volly ball,ect let the whining commence!08/27/2015 - 12:18pm
Matthew Wilsonsuprisingly, there has not been the negative reaction I was expecting.08/27/2015 - 12:13pm
Andrew EisenWe should devote a segment to R. Mika's costume on the podcast. It'll be great!08/27/2015 - 11:40am
Andrew EisenMatt - So... who is the producer of the video you linked?08/27/2015 - 11:15am
ZippyDSMleeAnd its not as bad as rumble roses :P08/27/2015 - 11:14am
ZippyDSMleeE. Zachary Knight: I dunno wrestling is about spectacle nd bad costumes are part and parcel of it..08/27/2015 - 11:13am
Big PermThis costume is amazing. Praise it08/27/2015 - 10:59am
E. Zachary KnightOh wow. This costume is obnoxious. Why? The character and moves are cool but man that costume. Ugh. http://kotaku.com/r-mika-and-her-ridiculous-outfit-join-street-fighter-v-172692528208/27/2015 - 10:56am
Big PermHe leveled up08/27/2015 - 8:24am
black mantaBrad Bushman's back again, saying how the WDBJ shooter's use of a body camera made it look like an FPS. http://www.npr.org/sections/alltechconsidered/2015/08/27/435076699/why-shooters-record-themselves-in-the-act08/27/2015 - 8:01am

Be Heard - Contact Your Politician