ESA Touts Major Support for Games Industry in SCOTUS Fight

September 20, 2010 -

If you are having trouble keeping track of the number of amicus briefs that have been filed so far in favor of the game industry, the Entertainment Software Association (ESA) has the answers for you. The trade group representing game publishing companies announced that over 180 leading First Amendment experts, national organizations, non-profits, associations, researchers and social science experts filed amicus briefs on Friday urging the U.S. Supreme Court to uphold the Ninth Circuit Court of Appeals ruling in Schwarzenegger v. Entertainment Merchants Association/Entertainment Software Association.

All of the briefs had different approaches: some pointed out free speech issues, others pointed out overreach by the state of California and other state's attorneys general said that this law would put an unneeded burden on law enforcement – which have better things to do like catch real criminals. Here is what the ESA's top executive had to say about all these briefs:

"The depth, diversity and high quality of briefs submitted strengthens our position before the Court. These briefs are rooted in virtually every form of expression, commerce, social science, and constitutional jurisprudence imaginable," said Michael D. Gallagher, president and CEO of the Entertainment Software Association. "It is our hope that the Court will uphold an unbroken chain of lower court rulings that affirm video games’ First Amendment protections, the rights of consumers’ access to speech, and that parents – not government – are the best arbiters in determining what is right for their children."

Oral arguments for Schwarzenegger v. EMA/ESA begin Tuesday, November 2nd.

Update: Common Sense Media issued the following statement (Jim Steyer, CEO and founder, Common Sense Media) to GP:

"A Zogby International poll commissioned last month found that 72 percent of adults support a ban on the sale of ultraviolent video games to minors. Parents are concerned about the impact of violent games and they feel that the video game industry isn't doing nearly enough to protect kids from accessing the most ultraviolent games. This law would not prohibit the video game industry from creating or selling these games.  Instead, it would simply reinforce that parents – not video game retailers – are the best arbiters in determining what is right for their young children."

 

Posted in

Comments

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

"Parents are concerned..." "...they feel..."

Oh well... sure, I guess that trumpts the CONSTITUTION OF THE UNTIED STATES OF AMERICA!

Look, even JT has said it doesn't really stand a chance. But, based on his legal history, I got a second opinion from someone who was more capable in the field of law, F.O. Ron, who said that this appeal had no merit and... let me refer to my notes... "Millenium hand and shrimp."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

Oh, my Lord. You didn't just repeat a legal opinion rendered by Jack Thompson, did you?

Lemme hip to you how Jack's feeble mind works: the only reason he's saying it won't pass muster is because he didn't have anything to do with its drafting and passage. Had he been the one to draft the statute, he'd be telling you how "bullet-proof and iron-clad" it is. Jack ain't doing nothing more than being a playa-hatin' dickhead.  

As Utah's AG Shurtleff once said, "Apparently Mr. Thompson knows even less about criminal law than he does about constitutional law."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

And for an alledged Constitutional law professor, it's pretty obvious that Jim "Motard" Steyer doesn't know jack about Constitutional law either. Hell, maybe even less than Thompson does, and that's saying something.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

And Common Sense Media continues to demonstrate that it has no common sense.

 

Andrew Eisen

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

1212446601495-1.jpg picture by metroidprimegmr

I'll bet they could use a LOT more superheros over there.

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

"It is our hope that the Court will uphold an unbroken chain of lower court rulings that affirm . . . that parents – not government – are the best arbiters in determining what is right for their children."

Or, as stated by the dissent in Ginsberg (upholding restriction of sales of pornography to minors),:

"Today this Court sits as the Nation's board of censors. With all respect, I do not know of any group in the country less qualified first, to know what obscenity is when they see it, and second, to have any considered judgment as to what the deleterious or beneficial impact of a particular publication may be on minds either young or old."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

We've already established that unless you're a member of the Eagle Forum, video games are a world apart from pornography.

 

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

Are they? I wasn't on the circulation list for that memo. Pray tell, what is it about pornography, a protected form of speech, that presents the potential of harm to minors which videogames, another form of protected speech, does not? I spent most of my puberty whacking off to Hustler magazines and I ain't either blind or hairy-palmed.  

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
PHX Corphttps://www.kickstarter.com/projects/iga/bloodstained-ritual-of-the-night/description apparently Bloodstained: ritual of the night will have a Wii U version(through Armature Games)05/26/2015 - 9:02pm
WonderkarpSo I found out I'm Invincible Today. I drove through a Tornado and didnt even know it. was windy and torrential downpour but I drove through like a boss. 05/26/2015 - 7:35pm
ZenEnded up giving the code to Andrew so he gets to be the other guinea pig lol.05/26/2015 - 6:53pm
ZenSo...who wants to help with an experiment and get a free game for 3DS and possibly Wii U lol? Gave a friend the Wii u OlliOlli code from the Humble Bundle and it gave him the 3DS one too. Still have a 3DS code which may give a Wii U version too.05/26/2015 - 4:35pm
Zenjust wish they had been as open about development as they were with X1 and PS4. All we got were interviews saying everything was great and then this lol.05/26/2015 - 4:14pm
ZenYeah, he brought it up again as time went on and stated it was not to be taken seriously. And I am in NO way defending people who are acting like...well....the not so nice way to say "butts". And I don't personally think they haven't worked on the game, I05/26/2015 - 4:12pm
Andrew EisenSo I can see why Bell would be ultra defensive and snippety. But, again, still not an advisable thing to say.05/26/2015 - 3:57pm
Andrew Eisennot to mention horrifically insulting.05/26/2015 - 3:56pm
Andrew EisenAgreed, even out of frustration, not an advisable thing to post. As for the rest, sounds like it thought its tweeks and optimizations would work. The idea that it was stringing everyone along and not actually working on it is nearly nonsensical...05/26/2015 - 3:55pm
Zenand looking great...yet refused to even show a single screen shot while touting their open development on X1 and PS4. People are now asking if they even worked on the game or if it was dropped in the beginning & they were keeping up appearances instead.05/26/2015 - 3:53pm
ZenI understand that, but making a blanket statement to cover an entire market like that will do nothing more than push consumers away or alienate a group. Other issues stem from the interviews and public announcements they made stating the game is running05/26/2015 - 3:52pm
Andrew EisenNot an advisable thing to post, I'll grant you.05/26/2015 - 3:47pm
Andrew EisenReading the thread, it looks like he's just getting frustrated with the obnoxious and unreasonable members of the board (most of whom signed up that day).05/26/2015 - 3:47pm
ZenNintendo users in general by stating "Yup, and if you need to pass this on, we really dislike Nintendo users." on their forum. Sincere or not, it's annoyed some fans & put doubt on the company even trying.05/26/2015 - 3:35pm
ZenThey pushed that even just a few months ago it was running great, with effects, but they just needed a few tweeks before release. I posted about this last night, but it has since cycled thru. Ian Bell also had some fairly disparaging things to say about05/26/2015 - 3:34pm
Matthew Wilson@AE @iamc they admired they cant do wiiu, and they have a valid reason for it. the wiiu is too weak.05/26/2015 - 3:24pm
Andrew EisenLied about what?05/26/2015 - 3:11pm
IanCThey outright lied, they kept pushing that it was coming out on Wii U right to they got a publisher, then went quiet. Funny that...05/26/2015 - 3:09pm
Matthew Wilsonhttp://www.vg247.com/2015/05/26/project-cars-struggling-to-hit-720p30fps-on-wii-u/ I love that he is honest. they admited that they are at their wits end with the wiius hardware.05/26/2015 - 1:48pm
E. Zachary KnightHumbleSupport has said the codes don't expire. So That is pretty tempting.05/26/2015 - 1:38pm
 

Be Heard - Contact Your Politician