ECA's Amicus Brief Filed

September 18, 2010 -

The Entertainment Consumers Association (ECA), the nonprofit organization which represents gamers in the U.S. and Canada, has filed a 44-page amicus brief in support of the video game industry (and consumers... and sanity) with the U.S. Supreme Court this evening. You can grab the PDF here.

Co-signing onto the ECA brief are such notable organizations as: the Competitive Enterprise Institute, Consumer Action, Consumer Federation of America, Public Knowledge and Students for Free Culture.

While there is a lot to sift through in this massive document, the most interesting point made on behalf of consumers is the following (taken from the arguments section):

"Video game consumers have First Amendment rights that must be protected from the state’s interference. The First Amendment protects a person’s right to choose what information or entertainment he or she wishes to receive, just as it protects a speaker’s or author’s right to speak or publish what he or she wishes to say. Stanley v. Georgia, 394 U.S. 557, 564 (1969). Without this corollary right, the marketplace of ideas would not work, as speakers and publishers would not have audiences with whom to transact."

Oral arguments for Schwarzenegger v. Entertainment Merchants Association are scheduled for November 2.

(I would like to personally thank every gamer that took the time to sign the ECA's petition. If the Supreme Court rules in favor of the game industry, it will be due in no small part to all of you.)

 

Disclosure: GamePolitics is a publication of the ECA.

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Comments

Re: ECA's Amicus Brief Filed

Does anyone know a final count on how many signed the petition?

Re: ECA's Amicus Brief Filed

As far as I know, the only thing the ECA has said in that regard is "tens of thousands."

 

Andrew Eisen

Re: ECA's Amicus Brief Filed

I don't think it matters much whether tens of thousands or tens of millions. The Court is unlikely to ascribe any weight at all to a list of petition signatures no matter the number. It's not a court of public opinion. It's a court of law to which its members -- thankfully -- aren't elected by popular vote. They're appointed for lifetime tenure. One of the intents of lifetime tenure -- at least in theory -- is to allow the Court to rise above the political fray and render decisions regardless of how popular or unpopular those decisions may be. Indeed, many of the Court's more profound decisions have been made in the face of overwhelming public opposition to those decisions (see, e.g., Brown v. Board of Education).    

 
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MattsworknameConster, I vet what your saying, but lets not bring up Baltimore, that place had a very bad week.05/03/2015 - 5:48pm
MattsworknameFair enough Infophile, regardless of my own issues with the gaming industry and press, im just sorta tired of the whole GG thing as it is. it just seems pointless now you know?05/03/2015 - 5:46pm
ConsterThe trolls hiding behind GG may be too busy pretending to be looters in Baltimore right now.05/03/2015 - 3:32pm
InfophileWhich is to say, GG isn't people writing articles about GG; it's the swarm of people lashing out. That's still going on, even if not as many articles are being written about it05/03/2015 - 7:32am
InfophileIt's not about the articles, but about the people receiving threats. Found an article from just last week which says Zoe Quinn is still receiving daily threats: http://www.bostonmagazine.com/news/article/2015/04/28/gamergate/05/03/2015 - 7:31am
Mattsworknameup hating the game industry on a more general level .05/03/2015 - 7:25am
MattsworknameIts funny, you know what i just realized, I love video games, and I hate the industry that has been forged around them. I hate the big name publishers, the press, all that jazz. But I still love gaming. that kinda sucks that I love games and still wind05/03/2015 - 7:25am
MattsworknameIt's like teh whole thing just went quiet.05/03/2015 - 6:28am
MattsworknameInfophile, I haven't really seen much activity either way, other then a few minor articles here or there, its like GG just sorta went dormant. I dont deny that I have some concerns with gaming press and industry, but I followed GG the last few months05/03/2015 - 6:28am
Infophile@Mattsworkname: It's more of a case that many media outlets have lost interest in their usual actions. "GamerGate still viciously harassing Zoe Quinn" isn't exactly news. Even if they are. *puts on sea lion hunting gear* Come at me, GG! I dare ya!05/03/2015 - 4:40am
MattsworknameAs much a I have some of the same concerns GG supposibly crusades against, i was really under the impression GG had sorta gone into dormantcy , it had been kinda quiet the last feww months05/02/2015 - 7:42pm
Matthew Wilsonhttps://www.youtube.com/watch?v=3bxcc3SM_KA if you guys haven't seen it, john oliver goes after patent trolls.05/02/2015 - 6:50pm
Matthew Wilsonwhile I dont like the guests, who ever did this is stupid. I can understand not liking GG, but come on.05/02/2015 - 6:17pm
Wonderkarpwell how about that shi.....poop05/02/2015 - 6:07pm
Andrew EisenKotaku caught it. Ran the story an hour ago. http://kotaku.com/gamergate-meetup-evacuated-after-apparent-threat-170176164505/02/2015 - 5:36pm
Wonderkarpevent was treading pretty hardcore on twitter last night. course thats just twitter. I'll agree with you if it does get reported05/02/2015 - 5:25pm
Andrew EisenAwkward wording on my part but "event" was referring to the bomb threat. It's silly to chastise mainstream press for not covering something that happened a mere 12 hours earlier, well after close of business on Friday, at a gathering very few knew about.05/02/2015 - 5:14pm
Wonderkarpthey arent "uppity" over the event not being covered. they are uppity over the harassment/bombthreats not being reported.05/02/2015 - 5:09pm
Andrew EisenWe've known that for quite a while now but I agree, completely cutting the feature is not a good move.05/02/2015 - 3:49pm
Matthew Wilsonhttp://www.vg247.com/2015/05/02/splatoon-multiplayer-online-shooter-wii-u/ excuse my language, but I call bullcrap. enough with this crap Nintendo its stupid.05/02/2015 - 3:27pm
 

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